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Council directs staff to rewrite solicitation ordinance after legal briefing on canvassing
Summary
After a legal briefing that warned some solicitation rules could impinge on protected speech, Bellefonte Borough Council voted to have staff draft amendments clarifying definitions for canvassing and solicitation and to avoid registries that may raise state‑regulation issues.
Bellefonte Borough Council on March 16 voted to direct staff to draft amendments to the borough’s solicitation ordinance after a legal briefing raised constitutional limits on regulating canvassing and related activities.
At the start of the meeting a legal adviser summarized case law constraints and practical examples, saying that while some narrow regulations (for example at a bank, ATM or busy transit location) may be lawful, public parks are highly protected forums. “Playing music is considered speech,” the adviser said, using a busker with an open violin case as an example of conduct courts treat as expressive activity. He cautioned that schemes such as registration lists for canvassers or canvasser registries could appear to be state regulation and could be legally risky.
Council members asked for clearer definitions and public examples to distinguish protected political canvassing from commercial solicitation. One member urged training for police so officers do not inadvertently deter lawful political speech; another asked for simple examples to be added to the ordinance so residents understand the difference.
Council voted to authorize staff to prepare a revised draft that incorporates the legal comments and return the proposed language for council review. Council and staff discussed whether to have the draft reviewed again by the borough’s legal advisor before a public hearing; staff said that step can be arranged.
The action does not itself change existing law. The proposed amendment will go through normal drafting and review procedures before any final vote or public hearing.
