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