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Title: Cops Shutdown High School Kids Trying to Earn Money by Shoveling Snow
Source: Free Thought Project
URL Source: http://thefreethoughtproject.com/co ... ids-earn-money-shoveling-snow/
Published: Jan 28, 2015
Author: Matt Agorist
Post Date: 2015-01-29 03:10:32 by Deckard
Keywords: None
Views: 23455
Comments: 77

In America, “Land of Opportunity,” you are free to pursue your dreams of financial freedom, provided you have filled out the proper form and been extorted by the proper bureaucrat.

Two teenage boys from Bridgewater, New Jersey are getting a hard does of this statism after their pursuance of financial freedom landed them in hot water with the fuzz.

Earlier this week, Matt Molinari and his friend Eric Schnepf, both seniors in High School, were going door-to-door advertising their snow shoveling services in advance of the storm. School was out, and instead of sitting inside and playing XBOX, these two young entrepreneurs felt the fire of enterprise and decided to turn their down time into an actual dime.

However, Molinari and Schnepf apparently didn’t realize that in order to make a dime you have to pay a quarter — to the state. When the two boys were out trying to rustle up some business during what they saw as an opportunity, along came the uniformed agents of the state, to put this unapproved business venture out to pasture.

“We weren’t looking to break the law. We just didn’t know the law,” Molinari tells Jim Smith on his WCBS 880 radio show.

The cops then gave these two kids a lesson in statist economics, which consequently ended their high school snow shoveling business.

“They need a permit, unpermitted solicitation is not allowed,” Molinari said, recalling what the police told them.

In this particular county, anyone selling goods and services door to door must apply for a license that can cost as much as $450 for permission that is valid for only 180 days; after all freedom ain’t free.

“We don’t make the laws but we have to uphold them,” Police Chief Michael Jannone said Tuesday, in true statist fashion, after reading some of the online comments about the incident.

The teens’ story quickly started gaining traction in a local Bound Brook Facebook group after a resident witnessed police shaking down Schnepf after going to his door.

“Are you kidding me? Our generation does nothing but complain about his generation being lazy and not working for their money,” he wrote on Bound Brook NJ Events‘ page. “Here’s a couple kids who take the time to print up flyers, walk door to door in the snow, and then shovel snow for some spending money. And someone calls the cops and they’re told to stop?”

The two teens have, rightfully so, been met with loads of support.

After being questioned by reporters and seeing the backlash against them, the Bound Brook police chief did some back peddling and told MyCentralJersey.com they are not cracking down on kids shoveling, but rather that it was a state of emergency and should not have been out.

Unfortunately the young entrepreneurial spirit is often stomped into a sad puddle in this land of the ostensibly free. Similar bans around the country have nixed the learning stages of free enterprise by putting an end to practices such as lemonade stands and selling Girl Scouts cookies.

In October of 2013, The Free Thought Project reported on the incident in Washington DC in which dozens of cops were dispatched, not because there were armed gunman threatening to kill hostages, or because of a bomb threat, or riot, but because a group of rowdy kids would dare sell lemonade, without a permit.

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Begin Trace Mode for Comment # 75.

#2. To: Deckard (#0)

“We don’t make the laws but we have to uphold them,” Police Chief Michael Jannone said Tuesday, in true statist fashion, after reading some of the online comments about the incident.

High-density areas like NJ have these laws to stop bums from harassing homeowners. Otherwise, they can wander around pestering people any time they want.

It isn't a constitutional right to make a sales pitch for your services on someone's front step.

It brings to mind FNC's constant bitching over lemonade stands. They have at least one major snit every year over kids selling lemonade, often in high-traffic venues where all other food vendors have to be licensed and inspected.

The place to change laws is in your legislature, not by whining about the cops enforcing the laws. But there is little support for changing these laws because they were passed for a reason.

Tooconservative  posted on  2015-01-29   5:22:44 ET  Reply   Untrace   Trace   Private Reply  


#19. To: TooConservative, Deckard (#2)

High-density areas like NJ have these laws to stop bums from harassing homeowners. Otherwise, they can wander around pestering people any time they want.

It isn't a constitutional right to make a sales pitch for your services on someone's front step.

Congress shall make NO LAW respecting an establishment of religion, or prohibiting the free exercise thereof; OR ABRIDGING THE FREEDOM OF SPEECH, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The State constitutions are the same regarding freedom of speech. A law requiring them to register in order to talk to people is clearly unconstitutional. Because NO law means NO law.

The person could put up a no soliciting sign or no trespassing sign. Then they wouldn't be "bothered". The government licensing this is plainly a violation of the first amendment.

A K A Stone  posted on  2015-01-29   6:54:09 ET  Reply   Untrace   Trace   Private Reply  


#41. To: A K A Stone (#19)

OR ABRIDGING THE FREEDOM OF SPEECH, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

All protected political speech.

Our society may tolerate all kinds of speech in the public square.

But a man's home is his castle and you don't just get to make a sales pitch in his house and be protected by the First Amendment.

Tooconservative  posted on  2015-01-29   11:24:51 ET  Reply   Untrace   Trace   Private Reply  


#43. To: TooConservative (#41)

But a man's home is his castle and you don't just get to make a sales pitch in his house and be protected by the First Amendment.

There can be no law against it.

The homeowner merely has to put a no trespassing sign or a no soliciting sign.

To communicate to the person said homeowners desire to not be bothered.

Some people don't mind.

IF that is the case then sending unsolicited mail by the postman would also be unlawful.

A K A Stone  posted on  2015-01-29   11:41:34 ET  Reply   Untrace   Trace   Private Reply  


#45. To: A K A Stone, nolu chan (#43)

nolu loves the legal stuff. Maybe he wants to weigh in.

Tooconservative  posted on  2015-01-29   13:04:50 ET  Reply   Untrace   Trace   Private Reply  


#72. To: TooConservative, A K A Stone, Deckard (#45)

[TooConservative #2]

High-density areas like NJ have these laws to stop bums from harassing homeowners. Otherwise, they can wander around pestering people any time they want.

It isn't a constitutional right to make a sales pitch for your services on someone's front step.

It brings to mind FNC's constant bitching over lemonade stands. They have at least one major snit every year over kids selling lemonade, often in high-traffic venues where all other food vendors have to be licensed and inspected.

[A K A Stone #43]

There can be no law against it.

The homeowner merely has to put a no trespassing sign or a no soliciting sign.

To communicate to the person said homeowners desire to not be bothered.

Some people don't mind.

[Too Conservative #45]

nolu loves the legal stuff. Maybe he wants to weigh in.

I can't give an absolute answer. It is an active area of law. I think the kids might prevail on a legal challenge. The government would have the legal burden to defend its regulation. Commercial speech is regulated differently than ordinary speech.

http://criminaljusticelinks.com/Door-to-Door%20Free%20Speech%20Restrictions.pdf

[excerpt - emphasis added, fotnotes omitted]

Sept/October 2005

The Do’s and Don’ts of Regulating Commercial Door-to-Door Speech Under the First Amendment

by Michael D. Bersani and Sara M. Cliffe

In general, municipalities enjoy the power to regulate business activity in their communities, so long as the regulation bears a reasonable connection to the health, safety and welfare of the community, and otherwise comports with statutory and constitutional principles. Commercial door-to-door solicitation raises particular concerns for municipalities seeking to protect their residents. As a result, a “solicitor ordinance” is a common municipal enactment that prohibits solicitors from going door-to-door in residential neighborhoods without first obtaining a permit or license, or registering with the local police department. This article specifically addresses the limits of a municipality’s authority to regulate commercial door-to-door activities.

[...]

The Regulation of Door-to-Door Commercial Solicitation

Since residential commercial solicitation occurs in the listener’s private realm, it raises additional interests that are not present in the public forum. Recently, in Watchtower Bible and Tract Soc. of New York, Inc. v. Village of Stratton, the Supreme Court held that an anti-solicitation ordinance reached too far by preventing both non-commercial and commercial “canvassers” from going on private property without a permit: “Had [the ordinance] been construed to apply only to commercial activities and the solicitation of funds, arguably the ordinance would have been tailored to the Village’s interest in protecting the privacy of its residents and preventing fraud.” However, the Court did not provide any guidance as to how far a commercial solicitation ordinance could go, or how well the asserted governmental interests would fare in the face of a constitutional challenge. In other words, the Court did not directly address the scope and intent of a municipality’s powers to regulate door-to-door commercial speech. Although the Supreme Court has not squarely addressed this issue, lower courts have done so.

[...]

Further, so long as residents remain able to post “no solicitation” signs, a municipal ban on solicitation from 5:00 to 9:00 pm is not necessary. However, a municipality may lawfully maintain a list of those residents who have expressed a desire to not receive solicitors, require solicitors to obtain the list, and prosecute those who fail to abide by it.

nolu chan  posted on  2015-01-30   16:50:22 ET  Reply   Untrace   Trace   Private Reply  


#75. To: nolu chan, A K A Stone (#72)

I can't give an absolute answer. It is an active area of law. I think the kids might prevail on a legal challenge. The government would have the legal burden to defend its regulation. Commercial speech is regulated differently than ordinary speech.

Nice answer.

In practice, the municipalities are likely to prevail because no one is going to hire a lawyer for a lemonade stand or for a couple of kids shoveling snow.

Tooconservative  posted on  2015-01-31   2:48:16 ET  Reply   Untrace   Trace   Private Reply  


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