Group challenges E.B.’s 8 p.m. curfew on door-to-door soliciting
By sandi carpello
Staff Writer
I s it worth fighting for? That’s what Mayor William Neary wants to determine before fighting a recently filed civil lawsuit that contests East Brunswick’s long-standing prohibition of door-to-door canvassing after 8 p.m.
The lawsuit was filed by New Jersey Citizens Action (NJCA), a nonprofit consumer advocacy organization that disseminates information about various causes through door-to-door canvassing. The group, which calls itself the state’s largest government watchdog coalition, wants the township to conform to a state Supreme Court ruling that allows canvassing until 9 p.m.
"Most people don’t like people knocking on their doors after dark," said Mayor William Neary.
He said the litigation could wind up being "very expensive" for the township, perhaps costing between $50,000 and $75,000 in legal fees, and possibly the same amount to pay for NJCA’s legal fees if the township loses.
Neary is asking residents if they feel strongly about stopping the practice at 8 p.m., as opposed to 9 p.m.
"I am not ready to commit taxpayers’ dollars without support from the community," he said.
According to Neary, the township ordinance, which has been in place for many years, allows organizations to knock on doors until 6 p.m. However, upon special request, township officials have routinely given permission to canvass residences until 8 p.m.
"I think 8 p.m. is more than fair," Neary said, noting that he feels even that time limit "stretches the bounds of what is reasonable."
The lawsuit states that NJCA contacted the township in May and requested permission to canvass door to door from 4 to 9 p.m. daily in support of an environmental mission. The township gave permission, but imposed an 8 p.m. curfew, according to the civil complaint, which was filed through the law firm of Kopelson & Westreich, Morristown.
The curfew, along with provisions in East Brunswick’s ordinance that give the township "unbridled discretion to deny and revoke permission to canvass," have denied the citizens group "its First Amendment right to disseminate its views and to solicit political and financial support for its causes," according to the lawsuit.
With the Supreme Court ruling standing behind them, NJCA Executive Director Phyllis Salowe-Kaye said she believes her organization will win its case.
Within the past 18 years, the NJCA has sued several municipalities for the same reason.
"We settled all of the cases," she said.
According to Salowe-Kaye, the organization solicits for a good cause, supporting the rights of individuals and families, while helping to ensure that government officials respond to the needs of the people — not to the interests of those with money and power.
"We get people to join and take action," she said of the door-to-door canvassing.
Salowe-Kaye said her organization supports issues such as prescription drugs, fair taxes and lower insurance rates.
The NJCA claims that prohibiting door-to-door solicitation before 9 p.m. violates both freedom of speech and citizenship rights.
Still, Neary said he is baffled that an organization that claims to promote citizenship is fighting against the citizens’ right of privacy and peace.
"Aren’t they supposed to improve the quality of people’s lives," Neary asked.
He asked that residents respond by sending an e-mail to him at [email protected], or in a letter addressed to Mayor William Neary, P.O. Box 1081, East Brunswick 08816. Residents may also call him at (732) 390-6850.

