JEFFERSON CITY, Mo. (KFVS) – Registered sex offenders were once required to put up a sign saying “No candy or treats in this residence” to warn cheaters.

However, a Missouri man recently won a lawsuit challenging this law, so these signs will not be required this year.

At a party where children are encouraged to take candy from strangers, Missouri has additional laws in place for sex offenders. Under Missouri law, they must turn off all their lights after 5 p.m., they cannot put up Halloween decorations or participate in Halloween events with children.

But a federal judge threw out a law that required them to post deterrent signs. The judge ruled that the law violated the free speech rights of people on the sex offender registry.

The lawsuit was filed on behalf of a Hazelwood man convicted of sodomy two years before the sign law took effect. He felt like he didn’t have to follow the rule because he was convicted before it took effect and continued to throw Halloween parties and set up decorations, according to the lawsuit. He was arrested in 2022 when police found he was violating the signage law. His lawyers say the signs make sex offenders a target on Halloween.

Missouri has an unusually high number of registered sex offenders per capita. There are 427 registered sex offenders per 100,000 Missouri residents, placing Missouri sixth in the number of registered sex offenders per capita in the country, according to Safe house.

Tara Bishop runs a Facebook page called “Child Predators Exposed.” She is disappointed by the decision, saying it prioritizes the rights of convicted sex offenders over children and victims.

“I don’t think someone who has been convicted of these types of crimes should have the same rights as the rest of us when it comes to warning the public about this behavior,” Bishop said .

However, the Association for the Treatment and Prevention of Sexual Abuse says the risk of child deception or trafficking is lower than described, since 93% of sexual abuse is committed by someone the child knows.

Former county attorney Bill Tackett tells me the legal argument in this case is tricky. Unlike most free speech cases, Tackett points out that this lawsuit asks for the freedom not to say something rather than the freedom to express something.

“They’re going to have to weigh the potential harm of trick-or-treating against the freedom of speech of not making a statement,” Tackett said.

The Missouri Attorney General’s Office has filed a notice of appeal in this lawsuit.

“I want Missouri to be the safest state in the country for children. This includes Halloween,” said Attorney General Andrew Bailey.

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