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RELEVANT LINKS: League of Minnesota Cities Information Memo: 1/4/2016 Regulating Peddlers, Solicitors and Transient Merchants Page 17 Watchtower Bible & Tract Soc’y of New York, Inc. v. Village of Stratton, 536 U.S. 150, 122 S. Ct. 2080 (2002). A 2002 U.S. Supreme Court decision prohibits cities from even registering individuals going from place to place to exercise their constitutional rights to freedom of speech and freedom of religion. In that case, the city required all solicitors to register and obtain a permit from the mayor’s office before entering private property to promote any cause. The Court held that a licensing requirement for social, political, and religious door-to-door canvassing would inhibit the free exercise of a person’s right to express ideas or solicit support anonymously or spontaneously. City regulations must be narrowly tailored to meet their purpose of protecting city residents from crimes and fraud, but cannot overreach and significantly burden noncommercial solicitors and their advocacy. It is unclear how far cities may go when constitutional rights and commercial activity intermingle. Of particular concern is the situation where professional fundraisers are used on behalf of a nonprofit, religious, or similar organization. Buckley v. Am. Constitutional Law Found., Inc., 525 U.S. 182, 119 S. Ct. 636 (1999). ACORN v. Golden, Colorado, 744 F. 2d 739 (10th Cir. 1984). While cities have taken different approaches in policing the activities of non-commercial advocates, a conservative approach is practicable. These types of solicitors should not be required to obtain a license; cities should probably not be requiring non-commercial advocates to register. Mandatory background checks are likely impermissible for non-commercial door-to- door activities; identification requirements for noncommercial activists have also been invalided. City regulations—requiring licensing, permitting, or registration for the dissemination of ideas—will be considered inherently suspect. V.Local regulations Apart from the Green River approach, a licensing ordinance is by far the most common method used to attempt to control the activities of peddlers, solicitors, and transient sellers. A.City ordinances Handbook, Chapter 7. Hanson v. City of Granite Falls, 529 N.W.2d 485 (Minn. Ct. App. 1995). The decision to regulate people or property, and to provide penalties for any violations, should be adopted by city ordinance. As a result, the council must pass, in ordinance form, all police regulations for public health, morals, economic well-being, welfare, and safety. Ordinance regulations apply generally within the city and are permanent and continuing in nature. Holt v. City of Sauk Rapids, 559 N.W.2d 444 (Minn. Ct. App. 1997). Ordinances, particularly when regulating peddlers, solicitors, and transient merchants, must be consistent with the constitutions and statutes of the United States and Minnesota. An ordinance must not limit or deny any common law or constitutional rights, or unreasonably restrain trade.