Jon Kelley Leads Suit Against East Rockaway’s Solicitation Law
LPCH associate Jon Kelley is the lead attorney in a lawsuit brought against a New York municipality challenging its solicitation restrictions as violations of the First and Fourteenth Amendments. The lawsuit was brought on behalf of one of the nation’s largest pest control companies, Aptive Environmental LLC, and challenges the municipality’s solicitation law. Specifically, the company is suing the Village of East Rockaway over a law that limits the times that businesses can solicit local residents, as well as a requirement that companies pay a surety bond of $2,500 prior to soliciting. After bringing suit, the United States District Court for the Eastern District of New York granted a temporary restraining order enjoining the Village’s enforcement of these provisions.
Aptive earns most of its business through solicitation in the evening once people return from work so this law “would directly and substantially impact Aptive’s revenues and profits.” Jon Kelley stated that municipalities must prove that there are no “less cumbersome” ways to protect residents’ privacy and “for a curfew to be constitutional, it has to protect the city’s aim.” Kelley hopes to resolve the issue amicably.
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