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Mr. Welsch and Mr. Talbot <br />,Tune 20, 2003 <br />Page <br />sale of goods, wares and merchandise and/or disposing of, peddling or hawking <br />the sales. <br />2. Exceptions' The provisions of this Section shall not apply to the sale or <br />solicitation of orders for the sale of milk, dairy products, vegetables, poultry, eggs <br />and other farm and garden produce, to daily and weekly newspapers sold as part of <br />a regular route service or to cable Tv subscriptions by cable Tv companies with <br />franchises from the City. <br />The City is aware that in the last year, the U.S. Supreme Court decided a case involving <br />restrictions on door -to -door charitable solicitation. The City does not lunow whether its <br />ordinance regulating peddling is in compliance with current law. Based on the foregoing, you <br />ask the following: <br />QUESTIONS <br />Does the City code require revision to comply with the decision of the U.S. Supreme <br />Court: <br />How should the City respond to inquires about the ability to door -to -door advertise and <br />distribute door hangers and handbills? <br />DISCUSSION <br />The short answer to the specific question you raised is no. The recent T.T.S. Supreme <br />Court case you referenced is Watchtower Bible and Tract Society v. Village of Stratton, 536 <br />U.S. 150 (2002). In that case, the Court ruled that under the First Amendment a city cannot <br />require the registration of solicitors engaging in non - commercial activity. The Roseville Code <br />does not rewire licensing or registration of peddlers, transient merchants or solicitors. <br />Reading the Code provision as a whole, and giving the words and phrases their most plain and <br />ordinary meaning, would result in a conclusion that the Code provision in question does not at <br />all regulate non - commercial activity. Its reach is limited to those who are seeping to sell <br />goods, wares and merchandise. Therefore, the Watchtower decision doesn't affect the City <br />Code. <br />However, other decisions by the Supreme Court do suggest that the City may wish to <br />consider revision of the Code provision regarding door -to -door sales. The Supreme Court has <br />said that commercial speech does enjoy First Amendment protections. To be protected, <br />commercial speech must concern a lawful activity and not be misleading. Regulation by <br />