Two registered sexual offenders are challenging the city law requiring them to post signs not allowing trick-or-treating and prohibiting elaborate holiday displays that could attract children.
“Compelling people to put a sign on their property is a violation of the First Amendment. The First Amendment protects us in our right to speak and also on our right not to speak,” Taseff said. “And this ordinance compels people to announce that they’re dangerous people — which, in our clients’ case, they are not — and it identifies their residents as a place where a registered offender lives, and they object to that and they have a right under the Constitution to do so.
In court, the judge was asked to issue a preliminary injunction against the law, but because the city has decided to not enforce the law for now, the judge did not think it was necessary.“Because, for instance, both of these people simply want to put in front of their home a traditional Christmas display, expressing their religious faith, and they’re barred from doing so, as the law is currently written, in the sense that it’s not clear as to whether or not they can do that.
News4JAX reached out to the city lawyers, but they, as well as the mayor’s office, are not commenting about not enforcing the law this Halloween. As for what happens now, both sides will meet and see if they can reach a compromise about the law. If not, it will go before a judge to decide the status. The case may not be heard until sometime next year.Copyright 2022 by WJXT News4JAX - All rights reserved.
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