I live in a subdivision clearly marked “No Soliciting,” yet we get politicians and their supporters coming door to door.
When I call their attention to the fact that no soliciting is allowed, they indicate they are not “soliciting” but handing out political fliers and/or information. I still feel that is a form of soliciting. Am I wrong?
—Mary Ann Futtrup, West Hazel Dell
Sorry, Mary Ann, but according to the First Amendment and a 2002 Supreme Court decision, soliciting and campaigning are different things.
In the city of Vancouver, door-to-door sales are legal with a business license — unless your business generates less than $12,000 a year or is otherwise certifiably small and casual. If you do business within the city but feel you don’t need a license, there’s still a form you must file.
Things are looser in unincorporated Clark County, where no such license is required, according to code enforcement coordinator Kevin Pridemore.
Either way, people who aren’t selling anything except a point of view cannot be required to register in any jurisdiction.
“The city doesn’t regulate political campaigning — end of story,” said Jack Allemang, who works in the city’s business license office. The same goes for unincorporated Clark County, Pridemore said.
That’s in keeping with a 2002 decision where the Supreme Court found that the U.S. Constitution protects the rights of missionaries, politicians and activists to knock on your door and offer to tell you what they believe or why you should vote for them or care about their cause.
And you always have the right to say, “not interested,” and shut the door. Or, not even bother to open up. (Allemang said there’s also the occasional 911 call when an irate homeowner feels private property is being trespassed — but doesn’t it seem more reasonable just to say, “go away,” and fix an icy stare?)
The case was brought against the tiny town of Stratton, Ohio, for requiring that Jehovah’s Witnesses register with officials before knocking on doors. A diverse group of allies, from The Church of Jesus Christ of Latter-day Saints to Gun Owners of America to the American Civil Liberties Union, all signed onto the missionaries’ side.
The court smacked the law down by a decisive 8 to 1 vote. Conclusion: The First Amendment guarantees your right to take a message — but not a sales pitch — directly to someone’s door.
