ATLANTA — A federal judge has issued a ruling favoring – in part – three registered sex offenders who sued the Butts County Sheriff, calling the “no trick-or-treat” signs the sheriff placed in their yards an abuse of power.

Last year, Butts County Sheriff Gary Long had deputies place the signs in the yards of the registered sex offenders in the days leading up to Halloween, alerting parents and trick-or-treaters that they should avoid those homes.

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

Georgia state law prohibits registered sex offenders from placing Halloween decorations on their property. But several of the sex offenders objected to the signs, saying it made them a target and was an overreach by the sheriff. Three of those offenders ended up filing suit, arguing that the yard signs went too far – breaking the law in the name of enforcing the law.

“State law does require him to notify the public in very specific ways, and none of those ways includes placing signs on registrants’ lawns,” explained Mark Yurachek, one of the attorneys representing the plaintiffs.

According to the lawsuit, the offenders questioned whether the sheriff “exceeded his authority” in putting up the signs and whether deputies trespassed on their properties in doing so. The suit also says the deputies’ actions caused harm, including “anxiety, embarrassment and humiliation,” and damaged their ability to trust law enforcement. They sought a jury trial and damages.

A federal judge heard arguments in court last week and handed back the decision, Tuesday.

“The question the Court must answer is not whether Sheriff Long’s plan is wise or moral, or whether it makes penological sense. Rather, the question is whether Sheriff Long’s plan runs afoul of the First Amendment of the United States Constitution. It does,” the ruling states.

In the ruling, the judge granted the named plaintiffs’ motion to prevent the sheriff’s office from posting the signs in the named plaintiffs’ yards. However, the judge declined to offer damages. The court also declined to enter into a sweeping injunction in favor of all registered sex offender, but warned the sheriff’s office “should be aware that the authority for their blanket sign posting is dubious at best and even more dubious if posted over the objection of registrants.”

The court continued, saying that the ruling does not limit the sheriff’s discretion “to act on specific information suggesting a risk to public safety. But he cannot post the signs over the named Plaintiffs’ objections simply because their names are on the registry.”

In a statement to 11Alive following the judge’s ruling, Yurachek, the attorney, said his clients were “thankful” to the court’s “thoughtful and measured decision.”

“There is a long way to go in this action and, although we decline further comment specifically addressing the litigation, 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 statement continued. “We hope for and wish that every child in Butts County and in every community in the country enjoys a joyful and safe Halloween and note, as the Court’s opinion did, that the lack of signs in front of registrants’ homes will not affect either their joy or their safety this year or any other year.”

He added that he would hope the ruling gives the sheriff “pause about putting up signs this Halloween or in the future.”

11Alive reached out the sheriff’s office for a comment on the ruling. They posted a response on their Facebook page saying they will continue to fight the lawsuit, but will not put up any yard signs while the suit is pending.

“The judge in this matter has ruled that I can NOT put signs on the right-of-way of the three offenders that filed the lawsuit. While I respectfully and strongly disagree with the judge’s ruling, I must abide by the ruling,” the sheriff said.

The sheriff added that he sought advice from the Prosecuting Attorneys Council in 2018 before deputies placed the signs, who gave specific instructions on how to place them in compliance with Georgia Law.

In lieu of the signs, the sheriff said he will keep a “very strong presence” in the neighborhoods where there are known sex offenders. He also added that while some may be disappointed with the ruling, he strongly encouraged they “NOT take matters into your own hands this Halloween.”

“We understand frustration with the Judge’s ruling, but we all must abide by it unless it is overturned on appeal. Unfortunately, there is no time to appeal before this Halloween,” the sheriff said. “My promise to the citizens of Butts County is to protect the public, especially the children.”

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COSTA MESA, Calif. — A district attorney and a county board of supervisors chairwoman are calling on California Gov. Gavin Newsom to intervene to stop the release of a man from a state hospital.

CBS Los Angeles reported that Cary Jay Smith, 59, is set to be released this week from Patton State Hospital. The Orange County District Attorney’s Office said Smith was sent there in 1999 after writing a letter describing thoughts of kidnapping and doing sexual acts to a 7-year-old boy who lived in his neighborhood. At the time, he was found to present a “demonstrated danger of inflicting substantial physical harm” to kids.

Smith was required to register as a sex offender in 1985 after pleading guilty to a misdemeanor sexual offense involving a child, CBS Los Angeles reported.

The reason why Smith has been kept in a state hospital is because of a court order, which expired Saturday, according to the Orange County Register. The newspaper reported Smith has had court hearings every six months to argue for his freedom, but counsel and health authorities have sought the renewal of the hold each time.

During those hearings, authorities say Smith has testified to fantasizing about raping and killing young boys and claimed to have killed three boys and molested hundreds, CBS Los Angeles reported.

“This sexual predator has repeatedly testified under oath that he will re-offend if he is released and we should believe him,” Orange County District Attorney said in a statement to the news station.

With the hold already expired, Smith is expected to return to Orange County, where he used to live.

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COSTA MESA, Calif. — A district attorney and a county board of supervisors chairwoman are calling on California Gov. Gavin Newsom to intervene to stop the release of a man from a state hospital.

CBS Los Angeles reported that Cary Jay Smith, 59, is set to be released this week from Patton State Hospital. The Orange County District Attorney’s Office said Smith was sent there in 1999 after writing a letter describing thoughts of kidnapping and doing sexual acts to a 7-year-old boy who lived in his neighborhood. At the time, he was found to present a “demonstrated danger of inflicting substantial physical harm” to kids.

Smith was required to register as a sex offender in 1985 after pleading guilty to a misdemeanor sexual offense involving a child, CBS Los Angeles reported.

The reason why Smith has been kept in a state hospital is because of a court order, which expired Saturday, according to the Orange County Register. The newspaper reported Smith has had court hearings every six months to argue for his freedom, but counsel and health authorities have sought the renewal of the hold each time.

During those hearings, authorities say Smith has testified to fantasizing about raping and killing young boys and claimed to have killed three boys and molested hundreds, CBS Los Angeles reported.

“This sexual predator has repeatedly testified under oath that he will re-offend if he is released and we should believe him,” Orange County District Attorney said in a statement to the news station.

With the hold already expired, Smith is expected to return to Orange County, where he used to live.

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JACKSON, Ga. — Thousands of kids will hit the streets for trick or treat in just days.

In Butts County, Sheriff Gary Long said deputies in his county are putting preventative measures in place to keep kids safe. They have started placing ‘No Trick Or Treat’ yard signs in front of registered sex offenders homes in their county.

“This Halloween, my office has placed signs in front of every registered sex offender’s house to notify the public that it’s a house to avoid,” Long said in a Facebook post.

Georgia state law prohibits registered sex offenders from placing Halloween decorations on their property. The signs have the universal “no” symbol over a trick or treat bag underneath the message “NO TRICK-OR-TREAT AT THIS ADDRESS!!”

“Georgia law is very, very clear,” he said. “It doesn’t say that the sheriff can or the sheriff may. It says the sheriff shall and it says that the sheriff shall in fact notify each community of the presence of sex offenders.”

The idea to put yard signs in front of registered sex offenders homes came after organizers decided not to have an annual trick-or-treating event.

“The big challenge that we face here in Butts County, for years and years and years and years they’ve always done Halloween on the square and on Halloween night we would have anywhere from 2,500 to 4,000 children,” he said.

With no central place to go, the sheriff said he knows more kids will be going door-to-door to trick-or-treat. Instead of putting signs on offenders doors like the sheriff’s office has done in years past, Sheriff Long said he decided to place them in the yard where everyone can see them.

“The activity in our neighborhoods is really going to increase,” he said. “We actually launched the signs out Saturday.”

There are more than 50 sex offenders in Butts County, according to Sheriff Long. The Georgia Bureau of Investigations’ website shows close to 31,500 registered sex offenders in the state.

In Gwinnett County authorities will be doing compliance checks. They also plan to post their offenders watch page as well. A few years ago, The Bartow County Sheriff’s Office did a similar initiative, posting “No trick-or-treat” signs on the homes and apartments of sex offenders.

‘There are some sex offenders that are not happy, “Long said. “But I’m not in the business of making them happy. I’m in the business of keeping safe communities and making sure that our children are protected.”

JACKSON, Ga. — Thousands of kids will hit the streets for trick or treating this week and law enforcement officers from around the state are sharing how they will alert neighbors to the registered sex offenders living next door.

Some sheriff’s offices put signs on doors, others do routine checks throughout the night to make sure registered offenders are following the law about not decorating or hosting trick-or-treating. In Butts County, Sheriff Gary Long said deputies in his county are putting ‘No Trick Or Treat’ yard signs in front of registered sex offenders homes in their county.

The warning feels like a target to some who live with registered sex offenders.

“There have been threats made. Hot heads saying just take a gun to their heads,” said one Butts County mom, who didn’t want to be identified.

Georgia state law prohibits registered sex offenders from placing Halloween decorations on their property. The signs have the universal “no” symbol over a trick or treat bag underneath the message “NO TRICK-OR-TREAT AT THIS ADDRESS!!”

“That poster that is causing that hysteria is posted at my property and I have not done anything wrong,” she said.

The woman said her husband is on the sex offender registry list for a relationship he had with an underage woman when he was 20 years old.

“There’s so many levels,” she said. “There’s such a gray area…but yet they happen to be treated all the same.”

Vickie Henry, president of Women Against Registry, said the yard signs can lead to harassment.

“They are not the threat that people perceive them to be,” she said. “And those signs are just going to make things worse.”

There are more than 50 sex offenders in Butts County, according to Sheriff Long. The Georgia Bureau of Investigations’ website shows close to 31,500 registered sex offenders in the state.

The idea to put yard signs in front of registered sex offenders homes came after organizers decided not to have an annual trick-or-treating event.

“The big challenge that we face here in Butts County, for years and years and years and years they’ve always done Halloween on the square and on Halloween night we would have anywhere from 2,500 to 4,000 children,” the sheriff told 11Alive.

“There are some sex offenders that are not happy,” Long said. “But I’m not in the business of making them happy. I’m in the business of keeping safe communities and making sure that our children are protected.”

BUFFALO, N.Y. — Crime Stoppers Western New York is offering a reward of up to $2,500 for information leading to the arrest of Adolphus Nelson.

Nelson is wanted for absconding parole; a warrant has been issued for his arrest. Crime Stoppers says Nelson is a level two registered sex offender and should be considered dangerous.

Nelson is a Black man who is 6 feet, 2 inches tall and weighs about 200 pounds.

Anyone with information about Nelson’s whereabouts is asked to contact Crime Stoppers Western New York at (716) 867-6161 or submit a tip by downloading the free Crime Stoppers Mobile App “Buffalo Tips.”

WICHITA, Kan. — A registered sex offender has been charged with raping a 7-year-old girl in a stranger’s Wichita apartment six weeks after he was freed from prison for another rape.

Corbin Breitenbach, 23, was charged Tuesday with attempted capital murder, aggravated criminal sodomy and aggravated burglary.

Breitenbach said little during his first appearance other than to ask his bond amount. When he was told it was $1 million, he shook his head.

The Wichita Eagle reports the registered sex offender was sentenced to five years and eight months in prison for choking and raping a 22-year-old woman in 2012.

He was released April 28 on the condition that he report to a parole officer after receiving credit for participating in a rehabilitation or treatment program. He could have been released as early as December but wasn’t because of 32 prison disciplinary reports, according to the Kansas Department of Corrections.

The latest attack happened in the early morning hours of June 11. Police said the suspect entered the apartment where the girl was staying for the night without forcing entry and without permission. He did not know the girl, reports the Wichita Eagle.

Charging documents said Breitenbach removed the girl from a bedroom, choked her until she was unconscious, raped her on an outdoor balcony and left.

Sedgwick County District Attorney Marc Bennett said he saw the girl on Tuesday and that she is doing “better” and has been out of the hospital for days.

The condo where she was attacked is directly across a small courtyard from where Breitenbach’s girlfriend lives. Police arrested Breitenbach on Thursday after an intensive investigation.

A statement left on the voicemail recording of an Eagle reporter from Beitenbach’s family said the family “is in utter shock and disbelief.”

“It is impossible to communicate the depth of our sorrow and the grief we feel for the victim and her family,” the statement said.

He is due back in court July 5.