Title
AN ORDINANCE AMENDING SECTION 840.02(b) OF CHAPTER 840, "PEDDLERS AND SOLICITORS", OF THE CODIFIED ORDINANCES; AND DECLARING AN EMERGENCY.
Executive Summary: Ohio Citizen Action has threatened to bring a federal court action under the First Amendment against the City if it does not permit door-to-door solicitation until 9 p.m. Standard Time. Therefore, an amendment of the City's door-to-door noncommercial solicitation ordinance (Section 840.02 (b)) to restore the 9:00 p.m. curfew for Mondays through Saturdays during Standard Time is suggested.
Body
Legislative History
Ord. 08-7 Passed 3-5-08;
Ord. 02-228 Passed 1-15-03
Purpose & Explanation
Door-to-door solicitation/canvassing of residences for both noncommercial and commercial purposes is protected activity under the U.S. Constitution's First Amendment speech provisions. Local governments such as Hudson have the authority under U.S. Supreme Court precedent to regulate to a very limited extent the time, place and manner of speech, such as door-to-door solicitation.
The City has been challenged by a nonprofit organization, known as Ohio Citizen Action, regarding the City's restrictive time limitation for noncommercial solicitation during Standard Time which does not permit such solicitation after 7:00 p.m. on weekdays and Saturday. (No such solicitation is permitted before 9:00 a.m. on those days and also not on Sundays or holidays.)
Ohio Citizen Action has threatened to bring a federal court action under the First Amendment against the City if it does not permit door-to-door solicitation until 9 p.m. Standard Time. (The City's Codified Ordinance Section 840.02 permits solicitation until 9:00 p.m. during Daylight Savings Time and until 2008 permitted solicitation until 9:00 p.m. during Standard Time.)
Recent federal case law has generally held that evening hours are important hours for proponents of noncommercial speech to be able to get their message out to residents and to raise funds. Court opinions place a heavy burden upon local governments to justify restrictions on the times available to do door-to-door solicitation/canvassing. Ohio Citizen Action has been very litigious in this regard by filing federal court lawsuits against local governments around Ohio and have been quite successful in litigation due to the strenuous legal standards that local communities must meet. When Ohio Citizen Action is successful, it is also entitled to payment by the local community of its attorney's fees and costs of the litigation.
Timing Considerations
Prompt action.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
An amendment of the City's door-to-door noncommercial solicitation ordinance (Section 840.02 (b)) to restore the 9:00 p.m. curfew for Mondays through Saturdays during Standard Time is suggested. (See proposed amendment below.)
840.02 HOURS OF SOLICITATION REGULATED. (a) During standard time no commercial solicitation shall be conducted before 9:00 a.m. or after 7:00 p.m. on weekdays and Saturdays, or at any time on Sundays or a State or national holiday. During daylight savings time no commercial solicitation shall be conducted before 9:00 a.m. or after 9:00 p.m. on weekdays and Saturdays, or at any time on Sundays or a State or national holiday.
(b) During standard time no noncommercial solicitation shall be conducted before 9:00 a.m. or after 7:00 9:00 p.m. on weekdays, Saturdays and Sundays or at any time on a State or national holiday. During daylight savings time no noncommercial solicitation shall be conducted before 9:00 a.m. or after 9:00 p.m. on weekdays, Saturdays and Sundays, or at any time on a State or national holiday.
Submitted by,
Anthony J. Bales, City Manager,
Scott N. Schroyer, Asst. City Manager,
R. Todd Hunt, City Solicitor