07-22-2015 Council Packet - Laserfiche WebLink

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MEMO TO: Kathy Glanzer FROM: Patrick J. Kelly DATE: June 30, 2015 Non -Commercial Solicitations The issue of non-profit or non-commercial solicitation ordinance must be narrowly tailored to meet the purpose of protecting city residents from unsafe actions and fraud. The Minnesota League of Cities advises that the ordinance cannot significantly burden non-commercial solicitations and its advocacy. There is no bright line how far cities may go when constitutional rights and commercial activity are intermingled. It is recommended when policing the activities of non-commercial advocates, a conservative approach is practical. Buckley v. American Constitutional Law Foundation, Inc., 525 U,S. 182, 119 S.Ct. 636; ACORN v. Golden, Colorado, 744 Fed.2d 739, The League recommends exempting registration of non-commercial door-to-door activities. The city is attempting to balance and advocate the rights of non-commercial, door-to-door advocates without prohibiting any of their rights. The city is also balancing recent issues concerning safety of neighborhoods. There is no intention or any type of objective concerning this ordinance to require registration for the purpose of limiting activities of non-commercial speech. The city believes that simple registration would serve to meet the legislative interest of the safety and welfare of the residents and the non-commercial advocate. There is no penalty/no repercussions for non -registration, but a conduit to promote and legitimize non-commercial speech if an advocate is challenged. In addition, Edina and Vadnais Heights have similar requests for registration.