Yesterday, I noticed something disturbing. Two young men spent a lot of time with our neighbor with whom we share a driveway, and despite the tasteful “No Solicitation Please” sign prominently above our door bell, they rang it anyway. Since we had advance warning, our teenaged son answered the door.
“Hello?”
“Are your parents at home?”
“No.”
Then without pause, they continued their attempt to sell him Solar.
After they left, I went outside to wash our cars, and could not help but to witness the swath of aggressive, bordering on harassing carnage, these young gentlemen left behind.
In a world where Amazon, FedEx and UPS trucks are more prevalent than police cars; where blogs
and social media groups is THE marketplace for those seeking and providing referrals for services; where the Internet allows us to find even the most niche product or service, there is no practical need for door-to-door sales and the invasion of privacy that comes with it.
Newton has a ordinance against leaf blowers, and they are ASKED to come. Perhaps it’s time we have one that takes the anxiety out of a ringing doorbell?
Agreed. I’ve seen very aggressive solicitors selling “magazine subscriptions” that could have resulted in an escalated confrontation had it not been for the cooler heads of the resident being harassed. Maybe someone with more knowledge about this can share the legal barriers to banning door-to-door solicitations. Perhaps there’s some kind of free speech problem, similar to trying to ban robo-calls.
By strange coincidence (watching an old Andy Griffith Show rerun with my kids), I recently found out this type of ordinance is known as a Green River Ordinance.
It is named after the town of Green River, Wyoming, which was a railroad town. Lots of railroad workers in the town worked the night shift and slept during the day. In 1931 a rash of door to door salesmen began waking up the residents to hawk all sorts of domestic wares. The town passed an ordinance prohibiting door to door solicitation in cases where an invitation or established business relationship did not exist.
Apparently, it has to this day passed constitutional muster, though several variants have failed.
The town has some interesting information online:
https://www.cityofgreenriver.org/241/1931-Green-River-Ordinance
Other online sources suggest that door to door political, religious, or noncommercial speech may be protected under case law.
At this point, it might be easier to determine those vanishingly few activities should be allowed in Newton. What is acceptable behavior to everyone, everywhere, and at all times? By definition, everything else will be banned.
Of course, if this were the route we were to take, it would deprive so many Newtonians of their favorite past-time: telling others what to think and do, where to live and how to live. Maybe the better alternative: seeing how many local ordnances can be disallowed by the US Supreme Court.
Elmo – I appreciate a libertarian viewpoint as much as anyone…until my wife is home alone with our young kids and an aggressive “salesmen” is at the door and won’t leave.
I share the disdain for, and anger at unwanted door-knockers. Some of them clearly lack manners and boundaries (and yet they think that makes them more appealing). But we need to hear from those with legal knowledge before proposing an ordinance whether it would pass constitutional muster. We don’t want it to become a boondoggle like the recent gun store debate was and will be.
Why bother? If the Council passed such a law, does anyone think that there would be one iota of enforcement?
Given the large percentage of seniors in Newton, its easy for them to get bullied by a pushy salesman
I think its worth the council discussing.
These folks are paid on commission and can get very aggressive and pushy
Wouldn’t a No Solicitation ordinance prevent local election candidates from knocking on voters’ doors? Would a majority of the City Council (all incumbents, by definition) vote to restrict solicitation by lesser-known potential opponents?
Am I the only person here who remembers visits by the Fuller Brush man? We always looked forward to those. They had such useful items. Now I wonder why it was always a man.
Hmmmm. Doesn’t Newton already have an ordinance banning soliciting? Any savvy lawyers, Councilors out there? Please enlighten us.
@Bruce: no. Political candidates can always solicit, even if there’s a no solicitation sign on the door or there’s an ordinance. Political doorknocking is constitutionally protected speech.
In the past, Newton incumbents have in fact voted to restrict the “constitutionally protected speech” of challengers, through ordinances restricting the period of time political lawn signs can be displayed. I believe Newton still has that ordinance on the books, but similar laws in different parts of the country have been ruled unconstitutional.
I somehow remember that there is a “No Solicitation” ordinance in Newton. Obviously, that wouldn’t apply to political or religious doorbell knocking. Just keeps out Fuller Brush salespeople, Avon callers, Electrolux pitchers, Cutco knife hawkers, and Encyclopedia Britannica pushers. Somehow Girl Scouts and their cookies still sneak in, thank goodness! How do we find out? Would the Police know? Councilors? Mayor? Lawyers? Bueller?
While we’re at it, can we do something about all those damn robocalls?
It’s gotten to the point where I NEVER answer the phone unless I know the number or am expecting an important call. And in the latter case, it sometimes leads to a profanity laced tirade to the overseas scammer who spoofed a local number on the other end who got me to answer because my guard was down.
Sallee, I believe this is what you are looking for. You need a license. Not sure on the penalty, and I didn’t check the site for accuracy when I cut and paste, so you get what you pay for… LOL.
In general, this seems like it would be used mostly when there is something truly abusive or problematic, but not enforced regularly.
DIVISION 4. SOLICITORS AND CANVASSERS
Sec. 20-95. Defined.
The term “solicitor” or “canvasser” is defined as any person who, for himself or for another person, firm or
corporation, travels by foot, automobile or any other type of conveyance from place to place, from house to house,
or from street to street, taking or attempting to lease or to take orders for the retail sale of goods, wares, merchandise,
§ 20-96 NEWTON ORDINANCES —MISCELLANEOUS ORDINANCES § 20-101
Newton Ordinances On-Line – Chapter 20 – page 27
services or donations including, without limiting, the selling, distributing, exposing for sale or soliciting of orders for
magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements, or
for services to be performed in the future, whether or not such individual has, carries or exposes for retail sale a
sample of the subject of such sale, or whether he is collecting advance payment on such retail sales. (Rev. Ords.
1973, § 7-36)
Cross reference—Rules of construction and definitions generally, § 1-3
Sec. 20-96. Registration required.
It shall be unlawful for any person to engage in business as a canvasser or solicitor calling at residences without
the previous consent of the occupant for the purpose of soliciting orders, sales, subscriptions or business of any kind,
or seeking for information or donations, without first having registered in the office of the chief of police, or with an
officer designated by the chief of police. The registrant shall give his complete identification, his signature, the name
of his employer, the nature of the products or services in which he is interested, the name of the manufacturer of
such products, or the organization which he is representing, and the proposed method of operation in the city. (Rev.
Ords. 1973, § 7-37)
Sec. 20-97. Registration fee, duration.
Each registrant shall pay to the chief of police a registration fee payable to the city in the sum of five dollars
($5.00) for a period expiring one year from the date of said registration. (Rev. Ords. 1973, § 7-38)
Sec. 20-98. Registration certificate.
Each applicant who shows evidence of good character and pays the fee provided for in section 17-59 shall be
furnished a certificate indicating that he has registered and showing the dates covered by such registration; said
certificate shall also bear the registrant’s photograph. Such registration certificate shall expressly require and be
issued only upon the condition that each person who intends to solicit or canvass in the city after the hour of 6:00
p.m. shall, on every such day, inform the office of the chief of police of the streets or neighborhood in which the
intended solicitation or canvassing is to occur. Each person shall at all times while soliciting or canvassing in the city
carry upon his person the registration certificate and the same shall be exhibited by such registrant whenever he is
required to do so by any police officer or by any person solicited. (Rev. Ords. 1973, § 7-39)
Sec. 20-99. Revocation of registration.
Any such registration may be revoked by the mayor or the chief of police because of any violation by the
registrant of this division, or of any other ordinance of the city, or any state or federal law, or whenever the registrant
shall cease to possess the qualifications and character required in this division for the original registration. (Rev.
Ords. 1973, § 7-40)
Sec. 20-100. Inapplicability to salesmen.
This division should not be construed to prevent route salesmen or other persons having established customers to
whom they make periodic deliveries from calling upon such customers. (Rev. Ords. 1973, § 7-41)
Sec. 20-101. Exemptions.
The provisions of this division shall not apply to officers or employees of the city, county, state or federal
government, or any subdivision thereof, when on official business, or to a person soliciting solely for religious,
charitable or political purposes; nor shall this division apply to neighborhood youth and students who solicit for the
shoveling of snow or cutting of lawns. (Rev. Ords. 1973, § 7-42)
§ 20-102 NEWTON ORDINANCES —MISCELLANEOUS ORDINANCES § 20-108
Newton Ordinances On-Line – Chapter 20 – page 28
Sec. 20-102. Deceptive practices.
No solicitor or canvasser licensed or exempted from license may use any plan, scheme or ruse which
misrepresents the true status or mission of the person making the call in order to gain admission to a prospective
buyer’s home, office or other establishment with the purpose of making a sale of consumer goods or services. (Rev.
Ords. 1973, § 7-43)
Sec. 20-103. Advertising.
No person shall deposit for the purpose of soliciting a sale, in open view on the premises of any residence, any
material, display items, samples or advertising of any nature without the prior consent of the occupant. (Rev. Ords.
1973, § 7-44)
Sec. 20-104. Violations.
Any person who commits an unlawful act described in this division, or carries on the business defined in section
17-57 after his registration is revoked, shall be punished for each offense by a fine as set forth in the Revised
Ordinances of the city as from time to time may be amended. (Rev. Ords. 1973, § 7-45)
Secs. 20-105—20-106. Reserved.
@Fig I wonder how stringent they are in issuing licenses? It says the person must be of “good character”. How do they go about determining that? I find the door to door solicitors seeking donations for political advocacy annoying, I can’t remember the group but they used to come by around dinner time or around 8 when the kids were young. Their cause may worthy but their approach never made me want to donate and actually made me feel negative about their organization.
The magazine scammer. types seem to be much more persistent than in the past so it’s good for people to know that they should ask to see their permit mentioning that is required in Newton. If they indeed have one people should report ones with questionable tactics.
@Fig: I owe you ;) Thanks for the research. I just bumped into Lisle Baker at the Village 14 Authors’ Ball ( ;)) at Dunn-Gaherin’s. He remembered that one would need a Peddler’s License to solicit sales in Newton’s neighborhoods. I bet it’s not enforced unless someone complains…kind of like the enforcement of the use of leaf blowers…
@Matt: My advice, give the Police a call if it happens again.
Newton Highlands Mom, I would bet they rarely if even issue licenses. And I remember many such groups. There was an environmental one I gave to one year, and they visited yearly after that, often times very persistently. I now no longer ever give to folks at my door. Don’t feed the trolls, real world edition! (and it is also more efficient to give to causes online in my view).
But you can certainly in my view ask anyone soliciting to see the permit, and mention in passing that Newton has rules regarding such things, best mosey along. Hanging a small sign on the door seems to work wonders for a neighbor of mine, although I think it is his very loud dog instead…
Sallee, my pleasure. Sorry for the formatting.
Alternatively, just don’t open the door. They’ll go away.
@Bryan, I’m not sure, but I think that the Constitutional protection of free speech stops at the edge of the sidewalk (public property). So solicitors can speak freely on the sidewalk but could be considered trespassing if on the doorstep without permission (either by posted notice or by explicit request to leave).
@Fignewtonville, thanks for the ordinance citation. I see that it exempts from the registration requirement those who are “soliciting solely for religious, charitable or political purposes,” so political canvassers need not be registered. It’s interesting that the ordinance specifically exempts “neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns” — but NOT those who solicit for leaf raking! (or leaf blowing, but that’s another story)
And then….there’s this… (PACE program)
https://youtu.be/zv8ZPFOxJEc
Adam B.: An unenforced and unenforceable ordnance will not help your wife and children. I’ve lived here close to two decades with small kids, medium kids, and now large kids. Door knockers are annoying, but not nearly as threatening as a board of aldermen (or whatever Ms. Norton thinks they should be called) whose activism so badly exceeds its competence. In the short, mid, and long runs you’d be better off with a Ring or a dog than relying on the Gang at City Hall for an effective solution to this problem.
Those solar panel solicitors also showed up at my door a few months back. I politely told them we weren’t interested, but less than an hour later, someone called, purportedly from their office, to thank me for ordering the panels and asking me to sign an online contract. I told them I didn’t want any of it, but they kept calling back from another week. I finally told them I was going to call the Attorney General’s office and I never heard back from them again.
I try not to pick up unsolicited calls or to answer any soliciting at the front door, but I do occasionally trip up. When I do get caught, I’ve started to say something to the effect that “I’m just the caretaker for the Burke estate. The Burke’s are both in Ireland for two years of prayer and meditation for this evil and sinful world”. It’s worked so far.
@Bob Burke –
Oooh, I like that. I’m going to steal your strategy.