Mitch Stone - Reporter@HighlandsNews.com
The Town of Highlands Board of Commissioners met for a special meeting on Tuesday, May 26, to discuss whether to approve an amendment to the town’s solicitation ordinance.
N.C.G.S. § 160A-178 authorizes the Town of Highlands to regulate, restrict, or prohibit solicitation, and reasonably limit the time and place of solicitation. The town has received reports and com- plaints from customers and businesses regarding solicitation by individuals and employees of businesses who use excessive and intimidating sales tactics, fraudulent and misleading promises, unwanted touching, spraying perfumes and mists, and rubbing creams and other products in attempts to pressure individuals to donate, contribute, or pay large sums of money to solicitors located along Main Street and in the B-1 zoning district.
The proposal, which further defines solicitation and prohibits" "it in the B-1 zoning district, aims to manage traffic flow and congestion of sidewalks and streets, protect the economy from adverse impacts, and ensure adequate access and the safety and welfare of citizens.
Town Attorney Nick Tosco outlined the proposed amendment.
“This is addressing the problem while also being constitutional and ensuring that we have content neutrality—that’s an important thing that the law requires—and that’s what I believe this text amendment does,” said Tosco. “It still provides for the protection of free speech, rights for religions, political, and non-commercial reasons, but it regulates by
prohibiting solicitation on town property in the B-1 zoning district.” Changes to Sec. 6.56, Definitions, included striking “Using obscene or abusive language toward someone while attempting to solicit the person,” changing “Acting with the intent” to “Attempting” to intimidate someone into giving money, and adding “purchasing goods or services, or making a contribution or donation.”
The amendment also added language clarifying that door- to-door canvassing, begging, panhandling, pamphleteering, or other noncommercial advocacy performed for political, religious, charitable, or other nonprofit purposes that does not involve the sale of goods, wares, or merchandise would not be included
In Sec. 6-57, Solicitation Regulated, Tosco specified the location as the B-1 zoning district, removed “except as permitted by the town's Unified Development Ordinance for arts and crafts fairs, flea markets, and other similar transient retail businesses, or except as" "provided for herein,” and struck all language regarding charitable organizations.
Under Sec. 6-59, Exemptions, the amendment added the phrase “door-to- door canvassing, pam- phleteering, or other non-commercial advocacy conducted for political, religious, charitable, or other nonprofit purposes that does not involve the sale of goods, wares, or merchandise.”
The amendment passed unanimously and went into effect immediately.