Marion County, Arkansas, posted signs on the front door of registrants last year identifying those individuals as people required to register as a sex offender. The signs stayed in place not for one day, but for about two weeks – a week before Halloween, Halloween and then a week after Halloween.
This Halloween sign requirement was not a state law. In fact, it was not a county law. Instead, it was a decision by a county sheriff who printed signs with his name on it.
Implementation of the Halloween sign requirement in Marion County was different than Halloween sign requirements in most locations. In most locations, registrants were required to create a sign and then post it on their home. In Marion County, however, the signs were created by the government and then posted by the government on the front door of people’s homes.
When a deputy sheriff arrived to post a Halloween sign on the front door of the plaintiff’s home, he objected to the sign and asserted that his First Amendment rights would be violated by that sign. The deputy sheriff flippantly stated, if you don’t like the sign, then sue us.
Fortunately, that’s exactly what the plaintiff did. He called ACSOL and asked that a lawsuit be filed challenging the Halloween sign requirement.
After the lawsuit was filed in federal court, the attorney representing the sheriff’s office argued to the judge that the posting of the Halloween sign was voluntary. The judge’s reply is one to be remembered. He asked if posting a sign is voluntary when the person posting it is wearing both a gun and a badge.
Shortly after that hearing, Marion County decided to settle the case. In a written agreement, that county has stated they will no longer require registrants in Marion County to have a Halloween sign posted on their residence.
Given that there are only 65 registrants in Marion County, this is a small victory. It is a significant victory, however, because there are other counties in Arkansas as well as cities in other states that require Halloween signs. Those counties and cities now have a choice – stop requiring Halloween signs to be posted on the homes of registrants or be sued in federal court.
Janice, this will have an outsized impact on police who think they can be vigilantes. A solid step for justice!
Great work Janice and ACSOL! I hope ACSOL received attorney fees as part of the settlement.
The injustice of this situation is undeniable. A local Sheriff invents a law, then has his deputies enforce it. Then when confronted, claims this was voluntary? This man “Voluntarily” opened himself up to ridicule, harassment, and vigilantism of every kind? The Sheriffs act criminally, then try to claim that their victim agreed to their criminality?
Even the Sheriff’s excuse is criminal! Not only a lie, but criminally stupid! Maybe this will be noticed by others in the Judiciary? The State does whatever it wants, then can’t even be bothered to concoct a plausible lie about it?
No small victories! Every victory, on every issue, in every court, brings us one step closer to the ultimate victory, the elimination if this abomination!
Why the hell did the plaintiff agree to settle with this one? Screw that this sheriff is a crook.
PFR should have ripped them down and burned them, illegal for some LOSER to post a sign on your PERSONAL PROPERTY PLAIN and SIMPLE, its called TRESPASS and PIGS arent above the law !!
Love this! So glad that they reached out and the case was filed.