MO: Attorney General Files Notice of Appeal in Missouri Halloween Case

Source: ACSOL

The Missouri Attorney General filed a notice of appeal today notifying a federal district court in Eastern Missouri that they will seek review of that court’s decision by the Eighth Circuit Court of Appeals.  The district court’s decision permanently prohibits enforcement of a state law that requires registrants in Missouri to post a sign on their residence on Halloween.

We are not surprised that the Attorney General has filed a notice of appeal in this case,” stated ACSOL Executive Director Janice Bellucci.  “The filing of this notice, however, does not require the Attorney General to file an appeal in the future.  Instead, it merely preserves their right to appeal.

The United States District Court for the Eastern District of Missouri issued its decision on October 2 after a lengthy legal battle that included the court’s issuance of a Temporary Restraining Order (TRO) in October 2023, a failed motion to stop the TRO filed by the Attorney General, and a trial in June 2024.  According to that decision, the Halloween sign requirement violates the First Amendment because it is compelled speech.

Notice of Appeal - 18 Oct 2024

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So, until such time an appeal is filed, if one is filed, everyone will wonder when it is to be filed. Is there a form filed if they don’t intend to file in the end and thus putting an end to the matter?

I think next year I’m going to draw up a parlay sheet to take bets on what state is going to be at on this dead horse next year.

The AG sees this as low hanging fruit. Can’t harass PFRs any other way so he does this. Screw him.