Challenge on Distributing Website Flyer

Today I received the following email from Sara Schumacher, Planning and Zoning Clerk of Minerva Park. This involes me passing out flyers concerning a website (www.minervapark.net) I run to provide news and informaiton about our Village. I am posting here as a resident and believe it is important to share these emails with the community.

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From: mp-schumacher@minervapark.org
Sent: Monday, March 18, 2013 11:04 AM
To: Legg Charles
Subject: Website Flyer

Good Morning,

It has been brought to our attention that you are distributing a flyer promoting your website. We need to determine per our Village code if you need to secure a solicitation permit. Please let me know the nature of your flyer: Personal, Professional or Political.

There is an exception in Chapter 860.03 that allows for: "(2) Peddlers or solicitors on behalf of various associations of school systems, as defined in Section 860.01, the Minerva Park Community Association, or the Village of Minerva Park."

While you do sit on the Council and Planning & Zoning Commission your flyer stipulates that it is not endorsed by the Village therefore this exception would not apply.

Please let me know the nature of this flyer and I will assist you with the permit process and associated fee(s).

Thank you,

Sara Schumacher
Planning & Zoning Clerk
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Below is my reply to Sara concernting this email:

Good Morning Sara,

The nature of my flyer is to inform the residents of the Village of Minerva Park that a website exists that they can use as each resident sees fit, including to converse and express their opinions concerning the Village's government and activities within the Village. It also provides a means to allow me to express my opinions as both a Councilman and a resident of our Village.

The distribution of this flyer is an exercise of my First Amendment Right as provided by the United States Constitution. In addition, this position is supported by the American Civil Liberties Union as expressed in this guideline as published by one of their chapters:

Does the First Amendment protect my right to leaflet door-to-door to private residences?

Yes. Several important Supreme Court cases involving Jehovah’s Witnesses – whose faith mandates the door-to-door distribution of religious materials; have established that the First Amendment protects leafleting at private residences and prohibits restrictions against this right.

In 1938 in Lovell v. Griffin (303 U.S. 444), the Supreme Court overturned a Georgia ordinance (challenged by Jehovah’s Witnesses) that prohibited the distribution of any kind of literature without a permit from the city manager.

More recently, in Watchtower Bible and Tract Society v. Village of Stratton (240 F.3d 553, 2002), the Court overturned a local Ohio ordinance requiring door-to-door canvassers to register with the mayor before engaging in such activities. The Court found that door-to-door leafleting was an essential element of free speech, not only for religious speech, but also for anonymous political speech and the distribution of other types of handbills.

http://www.aclu-tn.org/pdfs/your_right_to_protest.pdf

In addition, local no-solicitation ordinances are being challenged and struck-down all over Ohio, including Riverlea, which no longer requires a solicitation permit. Please read this post by the Ohio Citizen Organization:

http://ohiocitizen.org/tag/canvassing/

In response to Jennifer's comments concerning the disclaimer on my flyer, I clearly state that the website has no connection with the Minerva Park Administration, Government, or MPCA, however under the First Amendment I have the right to express my opinion as both a Councilman and a resident of the community.

My rights are not diminished just because I am a public servant, however I will clearly declare in my comments or blog that I am speaking either as a resident or as a Councilman, much the same way as Councilman McCreary did recently concerning the budget-cut letter he distributed to Council members.

I am not sure why this has become such a major issue all of a sudden, but I will stand by my First Amendment right and continue to operate the MinervaPark.Net website and continue distributing flyers as needed.

 

Charles Legg

City of Columbus to Annex the Village of Minerva Park

What does it take to get the residents of a community, village, or city involved in their local government? The answer in most cases is a crisis that enrages the residents. A crisis that is of such enormous proportions that no resident can ignore the consequences regardless of their political affiliation or like or dislike of the current elected administration. The disassembly of the Village of Minerva Park’s autonomous government and its residents being annexed within the surrounding City of Columbus could be such a crisis. While a few Minerva Park residents would perhaps embrace such an action, I believe the vast majority would object

Now that I have your attention, let me assure you that, as far as I know, there have been no such actions considered for our Village. However, would any of you idly stand by as such actions are discussed and set into motion? I doubt it. Then why is it that month after month, the residents of our Village have no interest in what our Village government is doing? What policies the Planning and Zoning Commission are considering, what legislation our Village Council is considering or passing, or the economic state of our Village? The last Budget Committee meeting held had only one resident show up. Where are the other 99.9 percent of residents? Do you really trust your government with that much power in that they will spend your tax dollars wisely? Normally only one or two residents come to Council meetings. What about legislation that your Village Council is passing on a monthly basis? Do you at least read the Villager? Statistics would indicate no, and that most residents toss the Villager into the forgotten mail pile.

I created this website a little more than a year ago as a communication medium for the residents. Over the past year I have had 9 residents (out of over 1200+) who have registered with the website so they can read and make comments in the forums. Of those 9 residents, only one Council member has registered (excluding myself), and no registered resident has posted to the forum section of the website. Just recently one resident did post a comment to my blog. I have no idea who visits this website but I do know this website contains up to date listings of legislation before Council, current financial reports, and other important documents involving the Village government that cannot be found anywhere else at this time.

One real crisis our Village is facing is a fiscal deficit of over $142,000 for fiscal year 2013. Despite several meetings, this large amount, 13 percent of the current budget, still looms over our Village. There have been suggestions as to what to cut, but it seems the administration does not want to seriously give up anything that would significantly reduce or eliminate this deficit. If you have any interest in the fiscal health of our Village, I ask, no beg you to come to the next Budget Committee meeting to be held at 7:00 p.m. on February 27, 2013. Council rules state that all residents are welcome to committee meetings, but residents comments are normally not permitted, so keep that in mind if you attend. All residents have the opportunity to deliver comments at the conclusion of the monthly Council meetings.