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A Georgia sheriff violated the constitutional rights of sex offenders by placing signs in their yards warning trick-or-treaters to stay away on Halloween, a federal appeals court ruled.
Butts County Sheriff Gary Long instructed deputies ahead of Halloween in 2018 to put the large signs in the front yards of all 57 registered sex offenders in the county, telling youngsters to “stop” and not to “trick-or-treat at this address.”
Three registered sex offenders in the county later filed a federal lawsuit, claiming the signs violated their First Amendment rights. A judge initially blocked Long from posting the signs, but denied a permanent injunction and granted summary judgment in favor of Long.
A three-judge panel at the US Court of Appeals for the 11th Circuit reversed Judge Marc Treadwell’s decision in opinion issued Wednesday, ruling the oversized signs are “compelled government speech” and violates a homeowner’s First Amendment rights.
“Thus, we vacate the district court’s judgment in favor of the sheriff and remand for further proceedings consistent with this opinion,” Judge Frank Hull wrote.
The judges noted that none of three sex offenders who sued — Reginald Holden, Corey McClendon and Christopher Reed – have been classified as posing an increased risk of recidivism. Treadwell also found that they had been “rehabilitated” and were leading productive lives.
“The sheriff does not dispute this, nor does the record support a contrary finding,” Wednesday’s ruling reads.
After the warning signs were first put up, Long posted a message on Facebook saying the signs were only put in the yards of registered sex offenders while saying the safety of the county’s children were his top priority. He also said Georgia law prohibits registered sex offenders from partaking in Halloween, which the appeals court noted was inaccurate.
The ruling also noted that Long acknowledged he’s had no issues with registered sex offenders in his county, including unauthorized contact with minors, since becoming sheriff in 2013.
Holden, McClendon and Reed sued Long in 2019, claiming he had violated their First Amendment rights with compelled speech. The district court granted a preliminary injunction based on the speech claim and barred Long from putting up the signs that October.
The ruling indicates the sign “impermissibly burdens” Holden, who owns his home, and that Long is prevented by the First Amendment from posting it on his property.
The appeals judges reversed the district’s court ruling in favor of Long on Holden’s First Amendment claim and permanently blocked the sheriff from posting signs in his yard. Holden owns his home, the judges noted.
But “issues remain” regarding McClendon and Reed, who both live with their parents, and have expressed their intent to amend their complaints to add them as plaintiffs, according to Wednesday’s ruling.
“At this stage, neither McClendon, Reed, nor the sheriff have shown they are entitled to summary judgment,” the ruling read. “Thus, we vacate the entry of judgment for the sheriff on McClendon’s and Reed’s First Amendment claims and remand for further proceedings.”
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