It’s the most spooktacular and hauntingly fun time of year again — Halloween! But the typical questions people ask themselves as the big day, October 31st approaches — what costume should I wear, how many trick-or-treaters should I expect this year, and is this enough candy for them if I’ve already eaten half the bag –– might seem trivial this year. Health and safety worries, and perhaps legal liability waivers, might be of more pressing concern this Halloween. Nevertheless, we must face our fears, be brave, and confront the nightmare legal inquiries in all of their gory glory so that we may decide The Case of Halloween 2020: Will trick-or-treating be haunted or happy in Texas this year, and do I need a COVID-19 waiver?

For Texas lawyers –– perhaps the scariest of all Halloween creatures –– we must first ask the non-penultimate question: What is the legal definition of trick-or-treating? In blackletter terms (not to be confused with Black’s Law Dictionary), it is the “solicitation of gifts, food, candy, or, in some shadier parts of Texas, contributions of money in the celebration of the 31st day of the month of October, as is customarily and commonly known as Halloween.”