A federal court today granted a Temporary Restraining Order (TRO) that, in effect, stops a Halloween sign requirement for all registrants in Missouri. Specifically, the court order rules that state and local governments in Missouri “are temporarily enjoined from enforcing” the Halloween sign requirement. The court order leaves in place additional Halloween requirements such as turning off all outside residential lighting after 5 p.m. on Halloween.
“This is a significant victory for registrants in Missouri,” stated ACSOL Executive Director Janice Bellucci and lead counsel in the lawsuit. “They will not have to endanger themselves, their families and their property on Halloween by posting a sign on the front door of their residence.”
In its decision, the court agreed with every legal argument made on behalf of plaintiff Thomas Sanderson, who resides in the city of Hazelwood, Missouri. That is, the court agreed that the Halloween sign requirement was both government speech and compelled speech. As a result, the court determined that the sign requirement violated the First Amendment.
Also in its decision, the court recognized that the government has a “compelling interest” in restricting certain conduct of registrants. The court then determined that the sign requirement was “not narrowly drawn to accomplish those ends.”
Further, in its decision the court stated that registrants “are likely to suffer irreparable harm this year on Halloween absent the issuance of a temporary restraining order.” The court then stated that the government failed to show that the Halloween sign requirement “has or will increase public safety.”
The TRO issued today is valid for 14 days and thus stops the Halloween sign requirement this year. The court has scheduled a hearing on November 9 regarding whether to grant a Preliminary Injunction, which if granted, would continue to stop that sign requirement for an additional period of time.
THANK YOU, and HOORAY!!! Another victory for Registrants and their families, and another nail in the abomination’s coffin!
Every challenge made, is another reminder that not all agree with the abomination. Every challenge heard is more proof that the abomination and those that support it are not unquestionable, nor will there be anymore more free pandering to K&D. And…
Every victory, in every court, on every issue is one step closer to bringing this abomination to its end!
Praise God, and thank you, Janice!!
Another victory!!
So happy about this ruling. I think the judge will need some convincing to fight the other portions of the statute as he believes offenders are heightened threat to public safety and refers to cases from early 2000s.
Fantastic! Congratulations and thank you!
The criminals are defeated, at least for now. The heaven-sent attorneys have won.
I scanned the order. It does say that Missouri law states that on Halloween, a PFR must “Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies”.
I really should celebrate Halloween in Missouri this year. Preferably in the home town of this plaintiff. I could go check out his decorations. But unfortunately I’ve got too many obligations to be traveling very far right now. So I’ll have to celebrate within a few hundred miles of where I live. I’ll definitely be going somewhere. Just haven’t decided where yet. But I have decided that no employees of any criminal regime will have any idea where I am. No RAST will either. I don’t always travel anonymously, but I will this year.
The federal district in Missouri made a wise decision today when it granted our motion for a temporary restraining order (TRO). The substance of the decision as well as its timing are important because it is unlikely that the TRO can be overturned prior to Halloween which is only two court days away. As stated above, this decision will protect all registrants this year from the requirement to post a sign on the front door of their home which would in turn expose them and their families to significant danger on Halloween and beyond. The Attorney General (AG) has already filed a notice of appeal regarding the TRO and he may have felt compelled to do so after being criticized by the judge for failing to provide evidence that the Halloween sign would protect children. Please know that a notice of appeal is not the same as an appeal. Instead, it is just a notice and the AG is not required to follow through with an actual appeal.
Good for them, STOP the Abuse of Power ! 🙏🏼
The 8th Circuit Court of Appeals has set Dec. 6 as the deadline for the Attorney General’s first appellate brief. Our brief will be due about 30 days later. This means that the TRO granted today is safe and therefore no registrants in Missouri will be required to endanger themselves and their families this Halloween by posting a sign on the front door of their homes.
silly to turn off all outdoor lights. I would claim it gets dark and I have every right to ensure my walkway is safe.
Also forcing someone to stay home is a major violation of rights. One can’t lockdown someone as that could be considered detained or even on some type of house arrest but it’s not punishment.
I think the MO Registrants will “temporarily enjoy” it more than the AG and State! 😃🤗👍🏻
Thank you, Janice, and all involved in this case! This is the best news in a very long while for persons forced to register in Missouri.
Congratulations Janice. Terrific work. We all appreciate this.
Thank you, Rockstar Janice Bellucci! Truly, we are grateful.
Janice is a badass. Plain and simple. If you agree too, DONATE TO THE CAUSE OF ENDING THESE PUNITIVE LAWS!
We have already had push back on the TRO. Greene County is refusing to honor it unless the Prosecutor has Ok’d the order. They will still enforce the signage, as well as the woman who runs the registration has said “because of the wording it only affects those past a certain date, those before said date are still required to post signage per MO Supreme Court Statute.”
It was 11 years ago that we successfully challenged Halloween restrictions in Simi Valley, California. It’s a slow process but glad to see we still have momentum to stop this infringement on entire families because a registrant happens to live in the home. Like a grueling football game, we gain field one yard at a time.