The Law Behind No Soliciting Signs in Ohio
Municipalities in Ohio have the authority to regulate door-to-door and street solicitation. Such ordinances may be general and comprehensive in nature, or they may be focused on one specific type of act or group of acts. States do impose two limitations on these ordinances: First, they must leave open some channels of expression for messenger activity; and second, they must include adequate alternative avenues for communication. However, as long as those two limitations are met, municipalities can impose content-neutral restrictions on solicitation activity. Ohio’s high court and lower courts have explained that regulations that prohibit solicitation activity "are permissible so long as they serve the state’s interests in preventing fraud, protecting property, and minimizing the undesirable effects of intrusive and unwanted interaction with citizens who choose to avoid it." Court and administrative decisions across Ohio focusing on solicitation issues demonstrate that most ordinances will be valid so long as the two restrictions are met.
Ohio law, however, does place varying restrictions on solicitation activities based on the type of venue involved (i.e., private property, public property, and the public right-of-way). Specifically regarding soliciting on private property not open to the public, only oral communication with a resident without written consent or express invitation onto private property to conduct solicitation is prohibited. And a person engaging in such solicitation must leave the premises immediately upon request by the resident . While Ohio statutes do not specify penalties for violations of those oral communication restrictions, they do provide for an average $250 civil penalty for violators. And, as noted, such restrictions can vary by municipality.
Ohio statutes also permit any individual to apply to the court of common pleas for an injunction to prevent solicitation activity by any person in violation of the abovereferenced oral communication restrictions. Such injunctions may also address door-to-door and phone solicitation (both) as well, and the local prosecutor has standing to pursue such an action as well.
While not legally binding on municipalities, many municipalities have adopted the above-mentioned Ohio statutes. Some municipalities have more restrictive restrictions. For example, some cities in Ohio have restricted solicitors and sales people to particular streets, streets with residential homes (as opposed to commercial properties), or certain zones. These types of restrictions tend to be subject to strict scrutiny.
Municipalities also occasionally require permits and/or fees from soliciting or canvassing organizations. To the extent that municipalities impose such requirements, they must bear a reasonable relationship to the use of streets and other public places.
Violations of solicitation restrictions are typically addressed with both criminal and civil penalties, and in some cases, a complaint for injunctive relief. Thus, homeowners should understand their rights in relation to the solicitation laws in their local area, and take appropriate steps to guard against unwanted solicitation activity.
Legal Implications and Impact of Posting No Soliciting Signs
Understanding the Purpose and Effectiveness of No Soliciting Signs in Ohio
The primary purpose of "no soliciting" signs in Ohio, as elsewhere, is to keep unwanted visitors away from the property in question. Property owners can put a "no soliciting" sign on their property and expect it to keep unwanted visitors away by virtue of the sign’s presence alone. Landowners in Ohio are expected to take the necessary steps to ensure that visitors comply with their sign’s "no soliciting" request if they hope to have more successful results than homeowners had, for instance, in North Dakota, who lost in court, i.e., were made to take down their No Soliciting sign. While the outcome in that case was seen as problematic – and an appeal was filed – the Ohio courts have looked favorably on "no soliciting" signs, as will be discussed below.
Visitors and the First Amendment
Many questions have risen about the interplay between property owners’ rights to limit which visitors they want on their property, and under what conditions, and disgruntled visitors’ rights to free speech under the First Amendment. In other words, while freedom of speech is constitutionally mandated, a visitor’s freedom of speech cannot violate the rights of others. Thus, even if a visitor’s complaint or product advertisement falls within the bounds of protected speech, a landowner’s rights to limit speech also must be recognized.
Are "No Soliciting" Signs Effective
What do Ohio courts say?
In State ex rel. Parsons v. O’Connor, the Supreme Court of Ohio held that "a No Solicitations sign fulfills its purpose if it impedes the furtive, lingering, and inquiring visitor." The plaintiff in Parsons also relied on Shadyside v. Pulp, to support his argument that a "no soliciting" sign, i.e., one that was "clearly legible, well-placed, and in plain view" was sufficient to protect property owners’ rights to limit visitors on their property. In that case, the Ohio Supreme Court recognized that:
The reasonableness of mitigating circumstances [is] known only to a few individuals who [are] intimately familiar with the situation. Thus, whether a "No Solicitations" sign is effective as a matter of law may potentially depend on material factual issues that the trial court might be best equipped to resolve after a hearing.
No Soliciting Signs: What the Law Says in Ohio
Ohio law does not explicitly provide for the size, color, font, or measurement of a "no soliciting" sign posted on residential property. Generally speaking, unless there is some municipal legislation that dictates specific details, the only requirement is that the message is "clear and unequivocal," such that would a reasonably prudent person would understand the traditional meaning of "no soliciting."
Only an unambiguous home owner sign will suffice; otherwise, when a solicitor claims the sign is unclear, a court will likely agree that the "no soliciting" sign was not clear enough to prohibit the solicitor’s actions. In 1999, the Ohio Supreme Court reversed a conviction for criminal trespassing, holding that the "no trespassing" signs posted around the owner’s driveway were insufficient to provide notice that entry was prohibited as a matter of law. State of Ohio ex rel. Giffen v. Feathers, 86 Ohio St.3d 38 (1999). The Court explained that a driver would have to leave the roadway in order to adequately read the signs; they were too small and at angles difficult to view.
Plus, some Ohio municipalities have their own laws about no soliciting signs. For example, Franklin County enforces a "No Soliciting" law requiring commercial door-to-door or street-to-street solicitation to be lawful only if:
- Between 10 a.m. and 5 p.m.
- The person to be solicited responds affirmatively to the question, "Are you interested in talking with me about my product?"
- That person has not previously informed the solicitor that he or she is not interested in talking with them about their product.
- No "NO SOLICITING" sign is posted on the property to be solicited.
- The solicitor does not use force, coercion, intimidation, or profane language against the resident.
- The solicitor does not go onto the property of the resident after being instructed not to do so by that resident or after that resident leaves.
Hillsboro and Granville also restrict door-to-door ‘solicitation’ by ‘peddling.’
Penalty and Enforcement Measures for Solicitation Violations
As with any law, there must be a mechanism in place to enforce the statute. However, in Ohio, you are not required to contact law enforcement or file a complaint. The statute provides homeowners with a private right of action. Specifically, O.R.C. § 4549.041 provides that "but any person may bring a civil action against a violator under this section for one time damages, at the rate of fifty dollars per hour on an hourly basis meal plus reasonable attorney’s fees in any court of competent jurisdiction." In plain English, individuals can file a lawsuit against a solicitor who has ignored a no soliciting sign for $50/hour of their time. However, reasonable attorney’s fees are also permitted. Furthermore, the statute allows recovery of triple damages in certain circumstances as discussed below.
A solicitor can face criminal prosecution under O.R.C. § 505.94 (Disorderly conduct – Solicitation Prohibited), which prohibits soliciting and trespassing in violation of local ordinances. Pursuant to this provision, a violation of a local ordinance might subject a violator to a fine up to $500 and/or 60 days imprisonment. However , it is unlikely that local ordinances would impose any more restrictive requirements than the statute itself or penalize more severely than triple damages.
A solicitor may also face civil liability to homeowners pursuant to O.R.C. § 3767.41 (Requesting Donation for Future Services) if the solicitor requests a voluntary donation for future services, while not also offering to perform the services in the present. Although the statute does not explicitly mention no soliciting signs or mailbox stickers, the purpose seems to be the same as no soliciting signs: to stop solicitation. Violations of this provision can also subject the solicitor to treble damages.
If an unscrupulous solicitor violates both statutes, as seems to be all the rage these days, it could be possible to recover triple damages under both statutes. In other words, if your no soliciting sign is ignored and the solicitor requests a donation for future services, you can recover his hourly rate for soliciting (up to $50/hour) plus triple damages ($150/hour) for soliciting and trespassing. That could add up quickly.
Exceptions to No Soliciting Sign Rules in Ohio
In some instances, even if you have a "No Soliciting" sign and wish to enforce it, Ohio law provides exceptions in which soliciting may still be permissible.
Political campaigns, for example, may appear on private property with the permission of the owner and/or tenant, assuming that the property is used for residential purposes. The campaign may distribute literature as visits from person or persons going door-to-door, or by leaving the literature in mailboxes or on doorsteps, assuming the mailbox or doorstep is not blocked by a "No Soliciting" sign. Campaigns are also permitted to place signs on private property, although public policy highly recommends that the sign be at least ten (10) feet in from the curb, median, sidewalk, or public right-of-way, and that the sign should not be in the yard of the home with a residential mailbox.
The same exception applies to nonprofit and charitable organizations who obtain the owner’s permission to solicit from door-to-door, or leave literature, for instance, on neighborhood doorsteps. However, some cities have provisions that entirely prohibit door-to-door solicitation. Again, public policy strongly recommends that the solicitor stay clear of the "No Soliciting" sign.
As with political campaigns, nonprofit and charitable organizations are permitted to place signs on private property with the owner’s permission. Although there is no set distance from the curb, sidewalk, median, or public right-of-way, most cities discourage placement of such signs in the public right-of-way.
Best Practices to Improve the Efficacy of No Soliciting Signs
Even if you have a no soliciting sign at your home, the other steps you take also matter. One recent case showed that simply having a sign was not enough to keep solicitors away from a home. The resident had the sign in place and so did a neighbor. Yet the unwanted Individuals still approached the resident’s property to read the sign and then went to the neighbor’s property to sell items as well.
For this reason, it is important that homeowners utilize no soliciting signs effectively — along with other measures. These are some important tips you can use: Place the sign in high-traffic areas. In addition to placing the sign near your front door, it is also important to place them in other high-traffic areas. Signs on your mailbox, fence and even some placed on your front porch can be effective.
Be sure a sign is clearly seen as soon as someone approaches. When you see someone approaching your property, see if you can quickly put up another sign so they can’t fail to see it as they approach.
Start with a firm no . If someone approaches your property once or twice and is not dissuaded by the sign, consider that person to be persistent and difficult. In these situations, it is a good idea to firmly tell the individual no, in a loud, clear voice. They may still try to sell anyway, but if you are clearly set to no, you can later move on to taking legal action to get them to stop.
Take legal action if no is not enough. Even with clear no soliciting signs, you might find that individuals still come onto your property to attempt sales. You may be tempted to chalk this up to an accident, but if you find it happens repeatedly, it may be wise to get legal assistance. This does not mean you have to go to court, but you can at least have your attorney send a letter to the individuals who are bothering you that has some verbiage that informs them that there are no soliciting signs on your property and they need to not go onto the property anymore. This at least gives them the impression that you are serious.
The above tips should help you keep unwanted salespeople off your property.