Lawsuit challenges Halloween sex offender requirement

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

SAN DIEGO — The group California Reform Sex Offender Laws and a sex offender on parole filed a lawsuit in San Diego federal court Wednesday challenging a requirement that sex offenders on parole post a sign on the front door of their home on Halloween, as required by the state Department of Corrections and Rehabilitation.

“CDCR’s requirement that all parolees post a sign on the front door of their residence violates the First Amendment because it compels speech,” said Janice Bellucci, attorney for the plaintiffs. “The sign requirement also places in significant danger the lives of sex offenders and those with whom they reside.”

According to CDCR, the sign requirement is part of “Operation Boo,” which the department conducts every year at Halloween. “Operation Boo” has the stated purpose of protecting children as they trick or treat.

“The sex offender plaintiff in this case was convicted of a single sex offense before 1985 that did not involve a child,” Bellucci said. “The plaintiff has not committed or been convicted of a sex offense for the past 30 years and yet CDCR is requiring him to post a sign on the front door of his home. This is a solution without a problem.”

Bellucci said CDCR’s sign requirement is based on “myth” not facts.

“The facts are there are no reports in California of a sexual assault upon a child who goes trick or treating,” Bellucci said.

2 comments

  • Robert Curtis

    The questions to ask:
    Has there been any history of registered sex offenders on probation or parole harming children on Halloween?
    What is the cost for having this unfounded police operation called Operation Boo?
    Aren’t those on probation and parole required to have their lights off during Halloween? So why the sign since all parents need do is check the online registry list in their area?
    Couldn’t criminals (not on parole) more easily go out and do crimes while police are busy with their Operation Boo?

  • d g

    Wait . . . I want one of those signs. I get over 175 kids in my neighborhood each year and it costs me a fortune in candy.

Comments are closed.

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.