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The Legal Side of Halloween

Updated Published
Emily Glod Student Contributor, University of Central Florida
This article is written by a student writer from the Her Campus at UCF chapter and does not reflect the views of Her Campus.

If there was one thing I could count on each Halloween as a kid, it was my family’s traditions. Every year, my grandparents would come over for chili before my brothers, parents, and I squished into the golf cart to trick-or-treat around the neighborhood. My biggest concern was finding houses handing out king-size candy bars, knowing I’d weigh my haul and compare it with friends at school the next day. I was so caught up in the night’s excitement that I never thought about the traditions unfolding around me, both in my own family and throughout the neighborhood. What I didn’t know was that some of the Halloween traditions I’d grown up following weren’t just traditions; they were laws communities had to follow.

@annakatshine via TikTok

Even a Halloween tradition as simple as trick-or-treating comes with more rules than one might expect. While it may seem like an unspoken understanding that younger children are the ones going door to door, in Suffolk, Virginia, that expectation is written into law; anyone over the age of 12 is prohibited from trick-or-treating, and the activity must end by 8 p.m. Similarly, Belleville, Illinois, has a curfew of its own, allowing trick-or-treating only between 5 p.m. and 8:30 p.m. In Rehoboth Beach, Delaware, the restrictions extend beyond the hours of the night to the date itself. Trick-or-treating is limited to children under 14 between 6 p.m. and 8 p.m., but if Halloween falls on a Sunday, the town moves the celebration to Oct. 30 instead.

Trick-or-treating isn’t the only Halloween tradition subject to legal restrictions. In Alabama, getting too into character as a priest or nun could result in a fine of up to $500 or jail time if someone tries to pass themselves off as clergy. Hollywood, California, has a Halloween ban on Silly String, and using it in certain public areas can lead to a misdemeanor charge. Even here in Florida, Halloween isn’t the ideal time to end up on the wrong side of the law. Committing a crime while wearing a mask that conceals your identity can turn a first-degree misdemeanor into a third-degree felony. Florida also has strict Halloween requirements for certain sex offenders under supervision, including keeping porch lights off, not wearing costumes, and not handing out candy to trick-or-treaters.

As unusual as some of the fine print surrounding Halloween may sound, the reasoning behind it isn’t always as strange. For example, Hollywood’s Silly String ban was introduced after Halloween celebrations left the city with an expensive cleanup problem. Other laws have more serious reasons behind them, like Florida’s restrictions on sex offenders under supervision, which are intended to protect children on a night when approaching strangers’ front doors is part of the fun. Of course, that doesn’t mean everyone agrees with every Halloween law. The age-old debate over when children should stop trick-or-treating comes up every year, raising the question of whether the government should determine when that tradition ends.

@lemon8us via Instagram

There’s certainly room for dissent over how laws should influence Halloween, especially when they start shaping customs that have long felt like our own. I know I, for one, have come to view the holiday differently after realizing the traditions I grew up enjoying may have been shaped by regulations I didn’t know about. That realization doesn’t negate the meaning behind our traditions, but it does clarify how we’ve come to celebrate them. With the holiday approaching, whether to keep you out of trouble or give you a small laugh, it’s worth knowing that not even Halloween is exempt from the law.

Emily is a staff writer with UCF’s chapter. Originally from Ponte Vedra Beach, Florida, she is majoring in sociology with a track in Crime, Law, and Deviance and a minor in journalism studies. Outside of class, you’ll usually find her trying a new workout, talking for hours with those she loves, spending a day at Disney, or winding down with a show she’s already seen a dozen times. She credits much of who she is today to the support of her family and loved ones who have encouraged her along the way.