No Free Speech in Abington

The Abington Township Board of Commissioners are having a hearing December 10, 2009 on the proposed Ordinance 1990. What is Ordinance 1990? It is an ordinance regulating door-to-door solicitation. So far, so good, right? Who wants door-to-door solication? In fact, there is an existing ordinance which deals with door-to-door solication. It is Ordinanc No. 693; amended in its entirety 12-8-1988 by Ordinance No. 1645. (see Code Book, and search under the term "solicitation"). However, Ordinance 1990 is poorly written and intentionally vague, which I will explain below. Second, it adds a new restriction that appears to limit free speech, and as result, is very troublesome, and perhaps, unconstitutional.

Here is proposed Ordinance 1990:














Points to think about:

Under this ordinance, residents will be required to place a "No Solicitation" sign outside of their residence in order to stop any unwanted solicitions. Shouldn't the default be that there is no solicitaion allowed unless a resident has a sign indicating that solicitation is okay or acceptable? I believe I will post a sign saying "No Solicitation", but please visit my commissioner, Jim Ring, who lives on Maplewood Avenue since he is in favor of this ordinance. Do you really want commercial solicitation coming to your door and interrupting your dinner, your relaxation time, your family time etc? Do you really want to allow potential threats into your neighborhood? How many of you have listed your telephone numbers on the federal "Do Not Call" list? Shouldn't we have the option to be placed on that type of list to keep people from coming to your door?

So let's see - now Abington Township is proposing to continue commerical enterprises coming to your doorstep. The Commissioners are considering making commercial transition zones that will come into residential areas within Abington Township. The Commissiors are looking to pass sweeping zoning ordinance changes that would set the stage for future commercialization of our Township. Finally, as I detailed in the beginning of this blog, they have already relaxed the rule of allowing commercial vehicles to be parked in residential neighborhoods. Is this what you as residents want? More commercialization of our neighborhoods and township. I hope not.

Finally, and most distubing is the provision which effectively will limit neighbors from going door-to-door to inform them of things going on in the neighborhood. Below is part 5 of the definition of Canvassers:

5) To conduct any similar work which, by its nature, involves door-to-door orplace-to-place activity, including distribution of circulars but not forcommercial activity of any kind.

For the purposes of section 5 only, a canvasser shall be considered a "solicitor."

However, while numbers 1-4 of the Canvassers definition would be okay, #5 would be classified as a Solicitor, which falls under "Door-to-Door Solicition" which requires a permit.

(a) The term "Door-to-Door Solicitation" when used in this Ordinance shall mean theactivity of going onto the premises of other persons, without prior arrangement withthe owner or occupant of such premises, for the principal purpose of the sale or takingorders for future sale of any type of tangible goods, including, but not limited to,books, magazines, or other periodicals, or to enter into any agreement for theprovision of services, or any combination of the sale of goods or provision ofservices, or the distribution of adverting circulars relating to the sale of goods orprovision of services.

So in order for me or any of you to go to your neighbors to alert them of this or any other ordinance, you would be required first to obtain a permit. Are you kidding me? Sounds absurd, unconstitutional even.