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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
