A solicitation ordinance that's prickled aldermen for the past three months will likely get their vote of approval when it comes before the City Council in October.
Without passage of the ordinance, which extends the hours of door-to-door solicitation, Bella Vista is vulnerable to lawsuits, according to Jason Kelley, staff attorney.
The U.S. Court of Appeals for the Eighth Circuit -- which has jurisdiction over Arkansas -- has determined that hour limits more restrictive than 9 p.m. to 9 a.m. violates the First Amendment, according to council documents.
Current city code prohibits door-to-door solicitation from 7 p.m. to 9 a.m.
"(The city) hasn't been threatened with a lawsuit, but the change will head off any potential claims," Kelley said. "No one really wants solicitors to go door-to-door until 9 o'clock, but if we don't correct (the ordinance) we could be facing some litigation."
Aldermen Frank Anderson and Becky Morgan have expressed disdain for amending the city code, but both said they understand the city's predicament.
"I'll vote for it," Morgan said at the council's Sept. 21 work session, "but only because it's strictly a legal protection. I'm against it."
Anderson concurred, saying he understood residents' apprehension of having solicitors canvassing after dark.
While Kelley's aim is to keep the city out of court, he said it's important residents be educated about their rights.
"People need to know they can avoid being bothered," Kelley said, simply by placing a no-solicitation sign on their property.
The city is working to get no-solicitation stickers to give to residents, according to Cassi Lapp, Bella Vista communications manager.
Solicitors must get a permit from City Hall before they're legally allowed to speak with residents. The permit process includes a background check. Religious solicitors, however, don't need permits and are unaffected by this ordinance, Kelley said.
General News on 10/07/2015