PETERSBURG – At its July 25 meeting, Upper Township Committee considered a revision to the municipal “peddling and hawking” regulation, which includes a ban on door-to-door sales, because of potential legal action by a company that engages in these types of sales.
Municipal Solicitor Dan Reeves advised the committee that Anderson Windows, a private company with commercial operations across the U.S. and headquartered in Minnesota, has threatened to sue the municipality unless it changes its ban, arguing that it is an unconstitutional infringement of free speech.
“Essentially, selling anything is considered to be an act of speech,” said Reeves. “While a property owner can put up a sign that salespeople stay away, the township cannot make that decision for every property owner,” continued Reeves.
According to Reeves’ analysis, municipalities can limit speech related to sales as to when and how they take place, such as implementing specific timeframes for such sales. A municipality can also require that salespeople respect “no solicitation” signs.
Committee had a related ordinance on its agenda, but Reeves counseled that the issue be moved as an item under “new business” for future consideration.
Members discussed at length the possible options that could be implemented, such as establishing a “do not knock” list or even requiring door-to-door salespeople buy a municipal license to engage in this type of sale.
Committee member John Coggins recommended that, at the very least, salespeople must have identification indicating the company they represent and their photograph.
Deputy Mayor Jay Newman said he wanted to be careful that local business was not negatively affected and that a prohibitively high fee could be the same as an outright ban.
Reeves concluded by noting that Anderson Windows had not pursued its complaint, which was first registered in 2019, due to Covid restrictions, but now the company is “contacting the township almost daily,” and so the committee understands that if the ordinance is not changed, Upper will face legal action.
Have any thoughts and/or information on this topic? Email csailer@cmcherald.com.
