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Council pauses proposed public-solicitation ordinance after legal concerns
Summary
Council reviewed ordinance 25-09, intended to regulate aggressive public solicitation. Legal staff warned that language about "inducing fear in a reasonable person" is vague and may be unconstitutional; council decided to take no action and asked the law office to work with the administration on clearer language.
Wilmington — Councilmembers reviewed a proposed ordinance (25-09) intended to regulate aggressive public solicitation. Legal staff raised constitutional concerns and the council agreed to take no action at the workshop while language is revised.
The ordinance would create a new section of city code addressing public solicitation. A councilmember noted existing state law provisions and questioned how the city's proposed language would differ from Ohio Revised Code provisions. "ORC 4511.51 also states that no person shall stand on a highway, for the purpose of solicitation," a councilmember observed during the discussion.
Mr. Dickman, a member of the city's legal staff, cautioned that the current draft was prepared outside the law office and said portions were problematic. "Inducing fear in a reasonable person... is too vague, and it's subjective, and it raises the possibility of being found unconstitutional," he said. He and other councilmembers noted the draft could unintentionally prohibit lawful activities such as youth organization fundraising.
Councilmember(s) and the administration agreed to pause action on the draft ordinance so the law office could coordinate with the mayor's office to refine definitions and anti-harassment language. The item will be revisited after legal review; no vote was taken in the workshop.
