Clawson Avoids Solicitation Lawsuit
(Crystal A. Proxmire, April 6, 2014)
Thanks to the diligence of Clawson City Attorney Jon Kingsepp, the “little city with the big heart” avoided a lawsuit with a complainant claiming that their right to do door-to-door sales was infringed upon.
Kingsepp declined to give the company’s name but said that their solicitor’s license had been revoked due to being too ‘forceful’ with residents.
The company had gotten an out-of-state attorney to send the city notice of intent to file a suit, Kingsepp said.
“Our records are very accurate and so with the wonderful help of administration I wrote my normal, very polite, customary response in which I indicated to them that they had erred grievously in making those claims against the City of Clawson.
“I also put in that letter that we expect any vendors to solicitous, considerate of no solicitor signs, solicitous of someone who refuses to open the door or refuses to talk to them about a product,” he said. “So I got a letter back from this out-of-state lawyer who acknowledged that they will follow the practice that I put in the letter.
“I think is it important that during the summer and the spring that you will have vendors coming. They’re entitled to be licensed to go door-to-door. But they are expected to honor the residents. And to honor the no solicitation signs and to not harass the resident.
“If there’s any problem with that what so ever, contact the police. In our instance …they were forceful in their message and in fact we revoked their license on that basis. So if you have that type of harassment, contact the police and a report will be made.”
After realizing that Clawson had a record of their bothering residents, the company decided not to sue. Kingsepp said he recommends that the city list licensed solicitors on their website, along with the rules they are expected to follow so that the public can be aware of who is rightfully in the neighborhoods, and when they should make reports.
Clawson’s Code of Ordinances outlines the procedure for obtaining a license, which includes fingerprinting, submitting a photo and references, and swearing to not having a criminal history. The City Manager has the right to revoke a license and if a business wants to appeal they can request a hearing before City Council. The specifics of the solicitation ordinance can be found at http://library.municode.com/index.aspx?clientId=10558.