The Eighth Circuit has issued a stay to the preliminary injunction that I blogged about here. From a news account about the stay:
Missouri Attorney General Jay Nixon’s office says a court order means a new state law aimed at keeping children away from sex offenders on Halloween night can be enforced in its entirety.
That means registered sex offenders in the state are required to remain inside their homes from 5 p.m. to 10:30 p.m. Friday unless they need to work or have a medical emergency. They must keep their outside lights off and post a sign telling trick-or-treaters no candy is available. They must avoid Halloween-related contact with children.
A federal judge said earlier this week that two of four provisions in the law could not be enforced this Halloween.
The U.S. Court of Appeals for the Eighth Circuit today issued a one-sentence stay, sought by Gov. Matt Blunt and Nixon.
The ACLU of Eastern Missouri says it is continuing legal action on behalf of four unnamed sex offenders to have the law taken off the books.
That means registered sex offenders in the state are required to remain inside their homes from 5 p.m. to 10:30 p.m. Friday unless they need to work or have a medical emergency. They must keep their outside lights off and post a sign telling trick-or-treaters no candy is available. They must avoid Halloween-related contact with children.
A federal judge said earlier this week that two of four provisions in the law could not be enforced this Halloween.
The U.S. Court of Appeals for the Eighth Circuit today issued a one-sentence stay, sought by Gov. Matt Blunt and Nixon.
The ACLU of Eastern Missouri says it is continuing legal action on behalf of four unnamed sex offenders to have the law taken off the books.
While residency restrictions and other such laws restrict movements and locations that RSO's are allowed to go, I believe this is the FIRST time that RSO's who are NOT on parole are, literally, under arrest without being under the jurisdiction of a court-ordered sentence. While one can make a point about residency restrictions in general, at least the RSO has the right to travel outside of his home or travel out of state.
Posted by: Michael Storac | November 06, 2008 at 10:29 PM