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City attorney: federal court bars part of Olivette's Halloween ordinance; city will not enforce porch-sign requirement this year
Summary
The city attorney told the council a federal court found one sentence of the state statute mirrored by Olivette's code (section 215.155) unconstitutional — the subsection requiring registered offenders to post a sign stating "no candy or treats" — and said the city will let the ruling go up on appeal and not enforce that sign requirement this year.
The City Attorney reported at the Oct. 22 meeting that Olivette's municipal code mirrors a state statute that governs restrictions on certain registered offenders on Halloween. A federal court recently ruled one sentence of the state statute unconstitutional; the municipal code includes the same language as Subdivision 3 of section 215.155.
"Subdivision Number 3 of your ordinance," the attorney said, "which is requiring registered ... offenders to post a sign at their residence stating that there's no candy or treats at this residence," should not be enforced this year, he said. The attorney told council the federal decision left other provisions intact and recommended allowing the case to proceed on appeal; if the appellate court affirms the federal court's decision the city attorney will bring back an ordinance to delete that subsection.
The attorney emphasized the remainder of the ordinance remains enforceable under current law, and that staff will return with any proposed ordinance amendments only if the appellate process requires them.
No immediate ordinance amendment was introduced on Oct. 22; council received the legal update and asked no follow-up questions recorded in the transcript.
