On Tuesday, May 23rd, the township council is set to pass ordinance 13-2017 (“An Ordinance Regulating Roadway Solicitation by Charitable Organizations”) on second reading. On its face, it’s a minor ordinance that probably wouldn’t ruffle anyone’s feathers, let alone raise alarm. But it’s likely an unconstitutional violation of the First Amendment and this should not be permitted to pass without inspection.
The issue begins with the state of New Jersey’s statutory ban on solicitation for money in roadways. The statute has an exemption for towns to permit charitable organizations to collect funds in roadways, if they so desire to enable the exemption.
You can find the State statute (NJSA 39:4-60), here. It says, in relevant part: Read More “Supporting the unpopular because it’s [a] right.”