Traditionally, Halloween has been a time for ghosts, pumpkins, costumes and candy. In today’s world, just like everything else, Halloween is also about laws, regulations and safety. Whether you’re dressing up the kids to take them trick-or-treating, handing out candy at home or heading to a haunted house, here are some tips to make it a safe and happy All Hallows’ Eve.
Many of our readers are certainly familiar with the American National Standards Institute (“ANSI”) and the National Safety Council (“NSC”), but did you know that both organizations also provide Halloween safety information? ANSI provides Halloween Safety Tips and Standards, recommending flame resistant costumes, offering tips on identifying “safe houses” for trick-or-treating and even guidelines for making your lawn and porch safe if you’re expecting trick-or-treaters. NSC has also compiled a list of tips for motorists and trick-or-treaters. NSC recommends that motorists watch for children walking on roadways, medians and curbs and even darting out from between parked cars. They also encourage drivers to not use their cell phone while driving and discourage inexperienced teen drivers from driving at all on Halloween.
All of the safety tips may seem like common sense to you, but what about your costume? Thinking of mixing things up with a decorative contact lens? They may seem like the perfect addition to your costume, but both the NSC and the U.S. Food and Drug Administration (“FDA”) agree that they present a risk for serious eye injury if they are purchased and used without an examination and prescription from an eye care professional. Are you planning on wearing a mask? If you live in the City of Walnut, California, you need a permit from the sheriff for that mask. The law, which has been part of the Code since 1959, does not contain any exceptions or exemptions for Halloween.
If you’re planning on celebrating Halloween in Hollywood, leave the silly string at home. Between 12:00 am on October 31st and 12:00 pm on November 1st each year, using, distributing or possessing silly string is prohibited, even on your own private property. If dressing up as a nun, priest, rabbi or other member of the clergy is in your Halloween plans, avoid public places in Alabama. You would be guilty of a misdemeanor and subject to a $500 fine or confinement in the county jail for not more than one year.
Think you can create the scariest of haunted houses? Make sure you research state and local requirements before you open the doors. In Delaware, you’ll need to apply for a permit from the State Fire Marshal, get an electrical inspection and even arrange for a fire company stand-by. Creating a spooky or even terrifying experience for your guests may be your goal, but that doesn’t mean you won’t be punished for it. In 2000, Universal Studios was sued by a visitor to their “Halloween Horror Nights” haunted house who claimed to have suffered “extreme fear, mental anguish and emotional distress.” Suing a haunted house for being scary? That might be the scariest trick of all.
Happy Halloween!
