MO: Court Asked to Clarify Status of Missouri Halloween Sign Requirement

Source: ACSOL

A motion has been filed asking a federal district court to clarify whether registrants in Missouri will be required to post a sign on their home on Halloween this year.  The basis of the motion is a Temporary Restraining Order (TRO) issued in October 2023 and then modified in November 2023.  According to the TRO’s, a Missouri state law that required registrants to post a sign on their home on Halloween could not be enforced.

After the TRO was modified in November 2023, the court considered granting a preliminary injunction during a trial that took place in June 2024.  The court has not yet ruled on the preliminary injunction nor has it issued a decision regarding whether the Halloween sign requirement is unconstitutional.  The plaintiff in the case has argued that the Halloween sign requirement is compelled speech and therefore in violation of the First Amendment.

According to the motion for clarification, attorneys have received many inquiries regarding whether the TRO will remain in effect on Halloween this year.  There are reports that some law enforcement agencies last year enforced the Halloween sign requirement because they were unaware of the TRO. 

The court’s answer to the motion for clarification, if issued in a timely manner, will help registrants, law enforcement and the public,” stated ACSOL Executive Director Janice Bellucci.  “On the other hand, the lack of a timely answer from the court could cause confusion throughout the state of Missouri.”

Information regarding the court’s actions regarding the enforcement of the Halloween sign requirement will be distributed to law enforcement throughout the State of Missouri.  If law enforcement refuses to comply with the court’s actions, litigation could be initiated. 

Motion for Clarification - CONFORMED

 

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Was there or is there an expiration date on the TRO? It is still in effect until it expires or is superseded by a ruling, right? Those are the technicalities I am seeing are possible here. Yes, I realize that is the question at hand here, but technically, if no expiration date or superseding ruling…

Apparently in my area of Missouri they knew nothing about this last year, my son was no longer on probation but finishing up his mandatory SO classes, I knew of the TRO, I sent him the court case, because his class was given signs for Halloween to post, he was told by his SO class counselor it didn’t apply to our county, we put the sign up regardless because he was so scared not to. I think this year I will print and post the TRO once it’s verified.

You are asking the right questions, TS. The answers to your questions can be found in the motion for clarification a copy of which is above. The fact is that federal law is unclear regarding the duration of a TRO. We don’t want law enforcement to use the current lack of clarity as a reason to require the posting of Halloween signs.

i did basic training fort leonard wood {misery} as in missouri little backwards if you get my drift

Keep up the good work you are doing.

Last edited 1 month ago by Christopher

I am posting my son’s sign because the Greene County Sheriff made it clear in the email that I received, that he intends on enforcing the Halloween sign state law provision, this year. I hope clarity is given on the TRO, moreover, that all law enforcement agencies are notified if the court extends the TRO or grants the preliminary injunction.