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Council solicitor to review solicitation ordinance after constitutional concerns; item removed from agenda
Summary
The borough solicitor told council the proposed solicitation ordinance raises constitutional issues and agreed to review the draft; the council removed the item from the agenda pending that review.
Munhall’s solicitor advised the council that a draft solicitation ordinance should be reviewed for constitutional vulnerabilities before the borough takes further action, and the council removed the related agenda item for revision.
Why it matters: Solicitation ordinances can raise First Amendment and other constitutional issues; the solicitor recommended regulatory options and cautioned about litigation if the ordinance is overly broad.
During discussion the solicitor summarized constitutional limits and enforcement options: there is a recognized right to solicit, but the municipality may regulate time, place and manner and can require permits; courts — including cases brought to the United States Supreme Court historically — have struck down overly broad restrictions. The solicitor recommended updates to the draft to avoid constitutional challenges and suggested alternatives such as “no solicitation” signs that property owners can post to prevent solicitation on private property.
Council decided not to vote on the draft that night. A council member asked to table the item until the solicitor reviews and reports back; the solicitor agreed to review the ordinance and return with recommended edits. The meeting record shows item #6 was removed and the council approved other items without voting on the solicitation ordinance.
Ending: The solicitor will return to council with a revised ordinance and legal analysis; no final ordinance or enforcement policy was adopted at this meeting.
