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Halloween and Local Laws

By Kelly on October 26, 2015//Leave a comment

Halloween has not only inspired interesting legal cases, but it is has inspired a plethora of laws as well.

 

Rehoboth Beach, Delaware, restricts Halloween activity solely to children under 13 with adult supervision between the hours of 6pm and 8 pm. If Halloween is on Sunday, then the activity has to occur on Saturday. Belleville, Missouri, is another city that restricts trick-or-treating. Municipal Code 30-1-47 restricts it to students who are in eighth grade or below, and it can only be done between the hours of 5pm and 8:30pm.

 

Hollywood, California prohibits the spraying, selling, or even possessing in public of silly string on Halloween through noon on November 1.

 

Many cities and states have laws against wearing masks in public. The Code of Alabama, section 13A-14-4, makes it a misdemeanor to dress like a member of the clergy. Dublin, Georgia, prohibits the wearing of masks, hoods, or disguises unless you are under 16 on Halloween.

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  1. Kevin Underhill

    Good list. One small correction: the Alabama law requires proof that the clergy-imitator acted “fraudulently,” so just dressing up that way for Halloween shouldn’t violate the law. The law would probably be unconstitutional without that limitation anyway, but they did put it in the statute.

    Of course, fraud is a crime anyway, so there’s no need for this particular law (and no cases construing it that I can find). But as long as they don’t try to use it to punish people for dressing up the “wrong way,” I guess it’s still valid.

    Thanks!

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