In a terse two-sentence decision issued today, the 8th Circuit Court of Appeals upheld a Temporary Restraining Order (TRO) issued by the federal district court on Friday. As a result, registrants in Missouri are not required to post a sign on the front door of their home on Halloween this year.
“We are grateful that the 8th Circuit Court of Appeals decided to protect registrants as well as their families and homes,” stated ACSOL Executive Director Janice Bellucci. “It was a difficult battle and we won!”
The specific ruling today by the 8th Circuit Court of Appeals was the denial of an emergency motion filed by the Attorney General on Friday evening. That 47-page motion was supplemented by a 12-page reply brief filed earlier today. Both of those documents argued that the Halloween signs did not constitute compelled speech and therefore registrants were not protected by the First Amendment.
In the plaintiffs’ response filed earlier today, the main argument was that the Attorney General filed his motion in the wrong court. That is, the motion should have been filed in federal district court and not the court of appeals. The response also argued that the First Amendment protected registrants from the Halloween sign requirement.
The TRO issued by the federal district court will expire 14 days after it was issued. During that time, however, the state of Missouri cannot enforce the Halloween sign requirement. The federal district court has scheduled a hearing on November 9 in St. Louis during which the parties will have an opportunity to discuss whether a Preliminary Injunction, would could last up to one year, should be issued.
Download the decision:
Missouri Halloween TRO Upheld – Emergency Stay – Court Order – DENIAL
Click here to read Janice’s Journal about this topic
Way to go, Team ACSOL! A big win for Missouri! Fighting back can definitely succeed!
Nice work! Woot,woot!
Amazing!
A big WIN for registrants in MO! No signs in the windows!
So glad there are judges in the 8th Circuit that appreciate what the Bill of Rights says. Now, to make it permanent.
Many thanks to Janice and her team for doing such a great job of presenting this to the Court!
Praise be to God, and thanks be to Janice, again!!
It’s comforting to know that there are still judges out there that have integrity,
and that do not look at registrants as second class citizens, but as americans who still deserve
constitutional protections.
We all put our pants on the same way—one leg at a time-registrant or not.
Yeah!
Thank you for your hard work, Janice!! Way to go!
Now to get rid of those GPS ****!
Finally a WIN in Missouri!! Almost all challenges by Registrants here in Missouri is a lose. It’s refreshing to actually see a win!!!
It was actually sneaky to file a 12-page addendum which shows how desperate this AG was. They were attempting to thwart all future challenges to this and to “close loop holes.” But it is funny how these ardent registry proponents double down on their “stupid” when their precious misnomer-ed “public safety tool” is challenged and ridiculed.
I prefer the term “controlled demolition.” =)
The Court needs to take away this Abuse of power by these States. For years these States have been forcing unconstitutional rules upon hundreds of thousands of citizens. The abuse of powers must Stop!
Have police agencies been notified?? “Offenders” haven’t been and aside from the fact that the TRO was applied for, I can find next to nothing from any major or even local news outlet about this decision.
So all of offenders in Missouri don’t have to put up a sign? I just don’t want to get into trouble tonight
Livingston County (Chillicothe, Mo) stating S.O.s still have to post a sign. Just letting you know. I don’t want to risk it if they are stating I still have to.
I’m really nervous. I don’t have a sign posted. I hope nothing bad happens when they come around for their Halloween yearly compliance check. Does this really apply to all people in Missouri? Christian County resident here.
I understand you have to do what you feel you need to do to keep yourself safe. However, you don’t have to put a sign up because the court says they can’t enforce it. Law enforcement gives you any issue over it, you can take them to court and they will lose. If you had a restraining order against you, they would make sure it was enforced. It’s against them now, so you have to make sure it’s enforced.
I was just told I have to put a sign up. The officer said the tro is just for the one guy. Not for everyone else
I’m not Janice, but if I was, I would be raising holy hell tomorrow asking for Contempt of the AG for LE still making registrant comply. Most likely the AG told LE that the order only applied to the one person.
⭐⭐ PLEASE ANSWER: ⭐⭐
1. Do you have (are you subject to) a Halloween Sign Posting requirement?
2. Which State? (And what County/Parish, if comfortable providing that info.)
(These Halloween Sign requirements cannot be legally contested if it is not known that they exist, so please provide this information if you are willing to do so.)
Thanks to all! 👍🏻
Can someone clarify what happened in MO yesterday? It sounds like ACSOL/Janice went to considerable time and expense to successfully get and then keep the TRO. Yet there were multiple reports here yesterday that multiple police departments told the registrants that they must post the signs and that the TRO was issued only for the one person involved in the court case. I’m pretty sure the TRO applied to all MO registrants, however.
If true, then we have multiple police officers and departments giving the middle finger to the court decision and making up their own Halloween rules. And then threatening registrants that they better post the signs or else…
How can these police entities be held accountable for this egregious violation of an in-force TRO? Is there any plan to follow up with these offending PDs and call them to the carpet?
Hopefully next year Missouri registrants can have a sign with the final court order telling law encroachment they can’t violate their rights anymore.
As posted I belive I’m the 1st tired 3 who has a court date. I have been assigned a Pd in court today! As Bud Arstrong said one small step for me. One giant lep for man kind. Im looking at this as hope my case will open doors for many other teird 3. Who have not post a treat to the community for over 30 yrs..It’s an up hill battle but I belive the opportunity to at least start this fight has started….
[Moderators note to everyone: please do not use all capital letters]