Door-to-door solicitors might soon be roaming the streets of Park Ridge after dark after the city received a letter challenging how it regulates such activity.
City Attorney Adam Simon said the city could face a lawsuit and should adjust its hours, allowing solicitors to operate to 9 p.m. Simon told City Council members that, based on case law, it appeared the city had to make the change to comply with the First Amendment. The city currently allows solicitation until 7 p.m.
“It is still up to the homeowner whether they want to accept solicitors,” Simon said. “Homeowners can put up a sign, and if a business still solicits, that’s a violation, and they can lose their license.”
The issue arose after the city received a letter from attorneys representing Aptive Environmental pest control. The letter states that Park Ridge’s solicitation curfew is unconstitutional, quotes case law, and lays out potential consequences for the city.
“Aptive’s damages from these blatantly unconstitutional restrictions are significant. In 2021, Aptive expects to earn more than $2 million in door-to-door sales in the Chicago metro area,” the letter states. “Aptive is thus losing thousands of dollars in sales every day it is prohibited by these solicitation restrictions from soliciting in Park Ridge.”
The letter goes on to state that if Aptive has to litigate, it will seek lost profits and seek to recover the cost of attorneys’ fees. “Aptive sincerely hopes, however, that this outcome can be avoided. Aptive is accordingly willing to forgo its rights to seek the recovery of its lost profits, provided the City immediately agrees to suspend the unconstitutional restrictions outlined above,” the letter states.
The City Council discussed the letter at its Aug. 2 meeting. “I just think it’s a good topic, in general, to bring up and remind our citizens that they do have options,” said 7th Ward Alderman Marty Joyce. “I’m just wondering if this might be a good topic for our newsletter. Just to remind people where they can get these signs and what their rights are.”
Simon said legitimate solicitors have permits and that residents can ask for proof of a permit should a solicitor appear at their door. “They are supposed to have a permit with them,” Simon said.
The City Council reached a consensus to change its solicitation hours to ensure the city was in compliance regarding case law and the First Amendment. City staff said they would put together an ordinance change to be voted on at a future meeting.
“I’m in favor, given the liability, but I sure would like to find other ways to cut down on the solicitors and provide more protections for our residents,” said 5th Ward Alderman Charlie Melidosian.
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One alderman did voice opposition, regardless of the potential legal liability for the city. “I don’t like it at all,” said 1st Ward Alderman John Moran. “If a company wants to take us to court for it and make it known publicly they are costing taxpayers money, I would be OK with it. I think it would be a bad business move for them. They wouldn’t sell a whole lot of pest control in Park Ridge after that.”