Five sex offenders and their supportive families are claiming that the city of Simi Valley, California infringed upon their right to free speech by their new law which prevents them from celebrating Halloween.
The new law passed on September 10 prevents sex offenders from trick-or-treating with children on Halloween. The group of anonymous sex offenders posit that the law is an absurdity and prevents their families from enjoying the day. They claim it unjustly violates their First Amendment Rights and considers it to be a "violation of the U.S Constitution" and according to Bellucci, is comparable to Jews in Nazi Germany who had to wear a yellow star on their clothing.
Sim Valley has 119 registered sex offenders who will be banned from decorating their homes for Halloween and put up a one-inch-tall letters: "No candy or treats at this residence". Offenders breaching the law could face a fine of up to $1000 or 6 months in jail.
Sex offenders are already stigmatized by their state and communities. Is Los Angeles Police Officer Mike Judge correct in saying that the law will not make the lives of sex offenders more cumbersome as they are "already branded"? The law may serve the commendable role of protecting children from known sex offenders. On the other hand it could unreasonably run contrary to freedom as Bellucci explains that no child has been sexually offended on that day before. Nevertheless must stringent laws be adopted to prevent the possibilities and ensure accountability?
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