- Neelys Landing man shot, killed by highway patrol trooper after traffic stop (05/01/16)43
- Cape student sues, accuses school officials of slamming her to ground multiple times (04/28/16)49
- Missouri House votes to allow concealed weapons without permits (04/28/16)8
- River Ridge Winery changes hands (05/02/16)
- Police report filed, but no charges in incident at Cape Central (04/29/16)40
- 2016 All-Missourian Boys Basketball (04/29/16)
- Statement: Man says cops’ good work drove him to grow his own marijuana (05/01/16)1
- Bob Evans restaurant in Cape Girardeau among chain's 21 closings (04/26/16)9
- Senator introduces bill for I-57 that would connect Sikeston with Little Rock (04/28/16)4
- Hopper Road to close for months during construction of Veterans Drive (04/27/16)9
Judge grants preliminary injunction for sex offenders in Halloween lawsuit
A federal judge granted a preliminary injunction Monday afternoon protecting four registered sex offenders, including one from Cape Girardeau, from prosecution under a new law restricting their Halloween activities.
Eastern District Judge Carol E. Jackson said after hearing over three hours of arguments in the case, brought on behalf of the plaintiffs by the ACLU, that she would announce her decision later Monday on whether the injunction would affect just the four plaintiffs, or the defendants.
The defendants are the ones responsible for enforcing the laws in the jurisdictions where the plaintiffs reside, and include both Cape Girardeau County Prosecuting Attorney Morley Swingle and Cape Girardeau Police Chief Carl Kinnison.
Dave Nelson, attorney for the ACLU, cited several vague parts of the law during his arguments, saying that due process was violated because the plaintiffs, most of whom are custodial parents, did not understand what the law meant by barring their "Halloween related activities with children" on Oct. 31.
Jackson said it wasn't too much to expect of the law that criminal violations be clearly outlined so citizens knew what they were and were not allowed to do.
"That's the essence of due process," Jackson said.
Look for more on this story later at www.semissourian.com or in Tuesday's print edition of the Southeast Missourian.