Sex Offenders: Fear vs. Fact on Halloween By Derek W. Logue
Media fearmongering over “Registered Sex Offenders” in the community has become an annual Halloween tradition in the same way as razor blades and poison in candy.
Wendy Murphy (who famously stated she “never met a false rape claim” during the Duke Lacrosse case) declared in the Boston Herald that “Halloween is like Christmas for sex offenders,” and local news outlets are adding advice to consult the registry as a “safety tip.”
A careful look at available research proves such fears are misplaced. But it hasn’t prevented five states from enacting statutes prohibiting at least some registered sex offenders from participating in Halloween activities:
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- Arkansas enacted a law on July 24, 2019 prohibiting all registrants classified as Tier 3 or 4 from distributing candy or wearing masks where a minor is present UNLESS every minor at the event is a relative of the registrant, or the costumes/ candy distribution is related to legitimate employment.
What an absolutely dehumanizing photo of the Nassau county sheriff’s office posing in front of the sign. I don’t have words
The Flagler operation actually sounds legal— walk-throughs and instructions by probation, address checks for those off probation.
Intrusive, wasteful, and legal.
Jacob
Yes, what you have stated is legal. However, the article does not separate those on probation from those off probation, as I stated:
“Notice that it states ‘all registered sex offenders'”
Even for those on probation, curfew is from 10pm to 6am, not from 430pm.
A walkthrough and curfew for those not on probation comprises, as I stated:
“illegal search/seizure and false imprisonment.”
Thanks to Derek for this fine contribution! News 4 Jax has put out a new hit piece this year:
https://www.news4jax.com/news/2021/10/26/trick-or-treating-safety-check-how-to-know-if-sex-offenders-predators-are-on-your-route/
Closely read the Flagler County section:
“The Flagler County Sheriff’s Office Sex Offender Unit is collaborating with Probation and Parole Services to make visits to the homes of all registered sex offenders in Flagler County during the month of October for address verification checks and to ensure that all rules and restrictions and being followed.”
Notice that it states “all registered sex offenders”
It gets worse:
“Detectives and probation officers will visit the homes of all 29 individuals with these sanctions on Oct. 31 to conduct a walkthrough of the residence and instruct them to not decorate their homes for Halloween, distribute candy, or otherwise participate in Halloween. These individuals must be in their homes by 4:30 p.m. on Oct. 31 and remain inside for the rest of the night, deputies said.”
They don’t even have a Helloween ordinance! Their “Restriction of certain activities of sexual offenders and sexual predators” does not even mention holidays!
All their draconian measures:
https://library.municode.com/fl/flagler_county/codes/code_of_ordinances?nodeId=FLCOCOOR_CH20MIPROF_ARTVIIISEOFSEPR
This amounts to illegal search/seizure and false imprisonment. How do they get away with this year after year?
Where’s FAC legal on this travesty?
JZ, where is the Numerical Codified Statute, Requiring a Probationer/Parolee to be at their Residence at a Given Time?
A BRIEF LEXISNEXIS SEARCH, PROVIDES ZERO
HALLOWEEN IS ON A SUNDAY..SOME, MAY BE AT THEIR PLACES OF WORSHIP, PERHAPS ALLDAY AND EVENING!
LET ME KNOW IF YOU UNCOVER ANY DIFFERENCES!
THANKS
T&S
F.S. 948.30 (1)(a) “A mandatory curfew from 10 p.m. to 6 a.m.”
Not 4:30 p.m.
FAC legal would be all over it if we had the funds to pay an attorney.
FAC Legal won’t touch this. Walk-throughs and instructions by probation officers? Address checks for those off probation?
I have known FAC Legal to prioritize fundraising for challenges that are both (a) impactful, and (b) winnable. Address checks and these probation standards probably won’t meet that test.
We could, of course, try to raise $25k to challenge Halloween signs and porch lights if those bother us enough. Be we would need to agree on which county we would use to set the precedent (Duval? Clay? St. John’s? Other?)
In the meantime, we might continue to follow the GA Halloween sign challenge represented by Mark Yurachek in our circuit. And, of course, continue contributing to our Ex Post Facto Plus Sustainer, which helps us challenge the FL registry scheme in its entirety and is much bigger than just address checks and signs.
what is the cost…total cost?
As much as I hate to kick against a palm tree, but I ha e put out a challenge to FAC members. If 100 members would donate $100 between now and December 31st, I would send in 500$. Then for next year if 500 members would donate $50 per month, I would donate $100. We should always be ready to file an injunction and this would assist greatly. Here are the numbers. Part one would generate $10,500 by December 31st. Part two would generate another $61,200 over the course of 2022. Winners are not determined by who is right, if that was the case most of us would never have been put on the registry; rather winner’s are determined by who can spend the most.
Who is ready to paddle the ship? The water is deep and the waves are high it takes every one.
Sorry my math was wrong 500 @ $50.00 a month would be $25,000 plus my $100. Would be $25,100 per month or $301,200.
For matching donor challenges, contact info@floridaactioncommittee.org so they can promote and track it.
JZ
If this applies to people not on probation, that is a violation of search and seizure laws. Law enforcement is not allowed to come in your house unless
#1 They have a warrant
#2 There is a imminent danger to or from someone inside
#3 You are on probation and the officers are with your Probation officer.
#4 They are invited in by the homeowner or current occupants.
Outside of those, I cannot see in any World where that is constitutional. As we have all said before, the more they get away with, the more they push the boundaries of the constitution.
What is next, strip searches at registration time? Polygraphs and drug tests for those not on probation? There is, it seems, nothing law enforcement can’t do if they put their minds to it. Finding creative ways to skirt the law (As sworn officers) should be rewarded…………..with Jail time for the offending officers or deputies, or at the very least, losing their jobs.
I swear, on Halloween we get as hysterical as the local media. Everybody chill out, they’re not doing Halloween home searches.
Who is “we”? I don’t get hysterical and I don’t see that here.
It is not acceptable to sit back and pretend the activities of these criminal regimes is legitimate. Frankly, the part about Halloween that annoys me the most is just the brain-numbing idiocy of it all. It is truly stupefying and I cannot believe all the dumba**es who think there is some value it in. Amerika truly is a nation of idiots. THAT is the most offensive part of all of it.
I don’t personally worry about it because where I live the law enforcement criminals (LECs) very, very rarely try to contact me. It is typically one time per year. I don’t recall them ever trying to contact me around Halloween or do anything related to it. Perhaps they are smarter than typical LECs.
They would never be able to do anything of significance to me anyway simply because I wouldn’t allow them to bother me. I rarely allow them to get near me and I certainly never will around Halloween. Just because. It’s idiotic.
This Halloween night I went out with my wife and then we drove around neighborhoods checking out all the decorations, celebrating, and trick-or-treating. The LECs didn’t have the first clue where I was or what I was doing. That is what the Oppression Lists accomplish.
BTW, this reminds me that people should be aware that ALPR are everywhere these days. Where I live even some neighborhoods use them. When you are in public, you should always assume that you are being tracked by any means that is available.
CJ
Agreed.
Additionally, since Flagler lacks a Helloween ordinance, they have no legal standing to “instruct them to not decorate their homes for Halloween.” The probation statue doesn’t mention decorations:
F.S. 948.30(4) (b) “A prohibition on distributing candy or other items to children on Halloween;”
So where are these “specific sanctions stating they cannot decorate for the holiday, or leave their porch light on during Halloween” codified in law?
JZ
Although in my humble opinion, just because you ARE allowed to do something doesn’t mean you should. I could put up decorations, have a party, give out candy, heck I am allowed to go trick or treating. But I won’t, as the less publicity you give yourself the better. I do not want to be in the spot light. I mean it just takes one neighbor to call Channel X (Fill in your news) news and say “Hey come do a story on this sex pervert luring kids to his house with decorations”.
I believe in the out of sight, out of mind concept, at least for some things. I do not want to be the itchy scab that gets picked at.
Will the Logue household be handing out full sized Snickers bars this Halloween?
Yes I am, so come on over and I have a special one just for you, “Anonymous,” aka “Lucky Larry” aka “Brandi” aka the Book Crime Family sock puppet.
I see our troll has been freed from whatever funny farm locked him up this summer. He/she/it has been quiet these past few months. I guess since the stimulus ran out they stopped the medicaid expansion there and now it can’t refill it’s Thorazine prescription.
I implore FAC readers to continue to respond positively to my article and drown out this pathetic creature.
Same Troll. Same IP address.