Judge Bans Sheriff From Warning Children Away From Convicted Child Rapists

Federal District Judge Marc Treadwell granted the temporary injunction on Tuesday.

Butts County, GA – A federal judge sided with a group of disgruntled sex offenders by granting their request to stop the Butts County sheriff from posting signs at their homes warning trick-or-treaters to stay away.

Federal District Judge Marc Treadwell granted the temporary injunction on Tuesday, WAGA reported.

In his 25-page ruling, Treadwell said that the sheriff’s office provided no evidence that the sex offenders posed any risk of harm to trick-or-treaters.

The three sex offenders who filed the lawsuit have been identified as Corey McClendon, Reginald Holden, and Christopher Reed, according to the Atlanta Journal-Constitution.

According to the Georgia Sex Offender Registry, McClendon was convicted of statutory rape in 2001.

In 2002, Holden was convicted of lewd, lascivious battery sex with victim 12 to 15 years of age.

Reed was convicted of aggravated sexual battery and criminal sexual assault of a minor in 2007.

"The Sheriff’s decision is not based on any determination that the Plaintiffs are dangerous. Nor is the Sheriff’s sign-posting founded on Georgia law,” the federal judge wrote. “Rather, the Sheriff’s decision is based solely on the fact that the Plaintiffs’ names remain on Georgia’s registry of sex offenders.”

Treadwell also ruled that posting such signs would be a violation of the sex offenders’ First Amendment rights, WAGA reported.

“We are hopeful that this decision indicates that, as with this preliminary issue, we will prevail in the permanent injunction action and the lawsuit in general,” the sex offenders’ attorney, Mark Yurachek, told WAGA.

“We hope for and wish that every child in Butts County...enjoys a joyful and safe Halloween and note that the lack of signs in front of registrants homes will not affect either their joy or safety this year or any other year,” Yurachek added.

Butts County Sheriff Gary Long said he plans to appeal the temporary injunction.

“I want the appeal filed and I believe the attorneys are in the same boat as I am,” Sheriff Long told WAGA.

Sheriff Long addressed the issue in a public notice on Oct. 21.

“Last Halloween, the Chamber of Commerce cancelled ‘Halloween on the Square.’ In doing so, our neighborhoods had a large increase in children going door-to-door,” Sheriff Long explained.

“My office took precautions and placed signs indicating ‘No Trick or Treat’ at each registered sex offender’s residence in the County,” the sheriff noted. “This was done to ensure the safety of our children.”

The signs, which were posted on approximately 200 homes, did not specifically note that the individuals who lived there were sex offenders, the Atlanta Journal-Constitution reported.

Sheriff Long said that the group’s federal lawsuit seeks to ban the Butts County Sheriff’s Office (BCSO) from being able to post the notices in the future.

The sex offenders have also asked the court to grant them compensation for the humiliation, fear, and stress they claimed the signs caused them, the Atlanta Journal-Constitution reported.

Yurachek argued that the signs do nothing to protect children, KTTV reported.

“It just makes your constitutional rights less safe,” Yurachek alleged.

Since the Georgia State Sex Offender Registry does not mandate offenders to post such notices, the BCSO shouldn’t be allowed to do so, he said.

Yurachek alleged that the BCSO trespassed on his “brave” clients’ property when they placed the notices outside their homes.

“They are individuals who have been brave enough to not be afraid to let the public know that they are registered sex offenders, but are also not willing to tolerate this unlawful action by the sheriff,” the attorney declared to KTTV. “The law allows the sheriff to put a list of registered sex offenders at his office, at the courthouse, on the internet…It does not allow him to go door-to-door telling people you have a sex offender living next door to you.”

Yurachek said that it is “easy to pick on” sex offenders, because no one wants to help them, WXIA reported.

“If this goes by without a legal challenge and push-back, it’s going to get worse,” he said, adding that the sheriff could potentially start posting signs on the vehicles of people who have been convicted of drunk-driving offenses.

Sheriff Long said his office has acted within the law, and that his main goal is to make sure predators do not have access to children.

“We just want to eliminate any possibility that any of these children in our county becoming prey to a sexual predator," he told KTTV.

“There’s some sex offenders that’s not happy,” he acknowledged to WXIA. “But I’m not really in the business of making them happy. I’m in the business of keeping safe communities and making sure our children is protected.”

As a result of the temporary injunction, Butts County sheriff’s deputies will be out in force on Halloween.

“We will have a bigger presence in our neighborhoods where sex offenders reside then we ever have before,” Sheriff Long told WAGA. “They’ll be cars sitting in that neighborhood.”

Comments (57)
No. 1-24
ScaleriBrosLawyer
ScaleriBrosLawyer

I love how criminals are the most indignant people when they perceive their rights to be violated, yet give no consideration to the lives of the people they victimize.

JBo
JBo

"The sex offenders have also asked the court to grant them compensation for the humiliation, fear, and stress they claimed the signs caused them, the Atlanta Journal-Constitution reported."

Really? Ya gotta be kidding'.

flybynight
flybynight

Obama appointed judge?

Vodkabreakfast
Vodkabreakfast

“It’s easy to pick on sex offenders because no one wants to help them.”.....uh...yep. Accurate statement.

dlorisc
dlorisc

That judge should be ashamed of their self. And if any child is harmed due to his incompetence their parents should sue the shit out of the judge. And then the rest of the people should string him up by his balls.

CFHENDERSON1
CFHENDERSON1

How about these offenders pay their victims for the humiliation, fear, and stress they caused them. I would LOVE to see that happen.

tfort
tfort

Why is it so hard for cops to follow the law? The massive waste of tax payers money is staggering. We could probably end world huger.

I bet the sheriff is up for re-election. Any free press he can get will help, even breaking the law.

Janrho
Janrho

So the blood of this judge is on any indident that occurs!

Blueblood16
Blueblood16

If the criminals win any money, his victims should sue for all of it! Im so disgusted and sick of criminals making out financially from crimes. These people are sex offenders and the childrens parents have every right to know!!!

J10107
J10107

Judge Marc Treadwell, the sex offenders attorney, Mark Yurachek and "tfort" are going to sacrifice their kids to Trick or Treat from all three of these scumbag degenerates.

Because, all three are no longer Sex Predators who preyed on minors and victims 12 to 15 years of age.

The very short time they spent incarcerated completely fixed their deranged minds of sexually violating children, and causing irreparable harm that will plague those poor children for the rest of their lives.

"tfort asked Why is it so hard for cops to follow the law?" THERE IS NO LAW stating that these sexual predators cannot be identified to anyone, especially unsuspecting children.

Sheriff Long is making sure that the most vulnerable along with the entire community, which he is charged with protecting, are safe on Halloween.

cspcapt
cspcapt

The court should award them damages. Then the victims should turn around and sue the offenders

Fire one
Fire one

Well sex offenders in Florida , can be around children’s , and Halloween there to turn off the porch lights, so children all go to the house. That judge needs to be disbarred.

Fire one
Fire one

tfort, did that offend you , I think the sheriff was doing his job protecting children. You on the other hand.I probably only same boat as these things are.

Gramercy
Gramercy

All you sex offenders...LISTen UP...You HAVE no rights!!! You forfeited them with your inexcusable actions!

Unwoundchic
Unwoundchic

I'm guessing anyone who was in auto accident drunk or strung out on drugs that injured someone would not want a sign on their vehicles alerting everyone they caused an accident while under influence of drugs or alcohol.... Although I see the reasoning behind the sherriff wanting to do this and think sherriff good intentions, It's probably best that the courts dont allow it or next everyone who has ever been in accident will have signs on vehicles, yards, etc stating texting and killed someone in auto accident or drunk and injured someone in auto accident... I'm a thief and broke into houses.. or I failed to pay my taxes... etc. The general public knows they can go online and get information on sex offenders in their area at police departments and online. As parents we need to use these tools for trick or treating etc to keep our children safe... Instead of sending them out alone or with older sibblings like many do, go with your child(ren) or have another adult if you cant for some reason. Just my thoughts

Buzzy
Buzzy

Obviously a pedophile judge

HH3
HH3

I believe that both the judge and their lawyers should have multiple sex offenders homes placed in their neighborhood. If the homes are good enough to be in other peoples neighborhoods then they are good enough for their neighborhoods!! That would be leadership. Come on judge and lawyers, step up!!!!

Woobie46
Woobie46

https://www.fbi.gov › scams-and-safety › sex-offender-registry this is better and then pick your state and they give addresses as well

IseeWhereThisIsGoing
IseeWhereThisIsGoing

“We will have a bigger presence in our neighborhoods where sex offenders reside then we ever have before,” Sheriff Long told WAGA. “They’ll be cars sitting in that neighborhood.”

Park a car in front of every house that a sex offender lives in, with the lights on, with an officer holding a big sign that says "the occupant is a sex offender. He committed these crimes. We recommend your children stay away." See, problem solved, and no trespassing on their property.

Wolfman2253
Wolfman2253

Then have all registered sex offenders report to the sheriffs office on Halloween night for a presentation by State, county and city officials on all aspects of treatment, reporting and updating of all data bases from 5pm to 10pm

Chopper05
Chopper05

Shortsighted indeed, by a certain liberal, Obama appointed judge, to make such a ruling. These perverts are threats till the day they die, and their righteous indignation is laughable. I stand with the Sheriff, and urge him to appeal this decision.

tdbahr
tdbahr

It's a proven fact that "...once a sex offender always a sex offender." That's the very reason why there's a PUBLIC sex offender list. These creeps are always looking for their next victim. The Sheriff is simply doing his job and should be commended. BTW: a bumper sticker on all vehicles driven by convicted drunk drivers is an excellent idea!!

tfort
tfort

Can’t common sense be used? A ballot measure? Who else would the dog go to? The handler and dog are well beyond “partners”. They deserve each other. I can’t imagine not having my dogs.