What Does a “No Soliciting” Sign Indicate?
In Texas, the most common types of no soliciting signs are rectangular, superficially decorative plastic or aluminum signs with the words "No Soliciting" at the top. The words are usually printed in bright colors like red or white and black against a contrasting background of white or a mix of light colors. The signs are often merely hung on doorknobs or door handles, or are stuck to windows of homes and businesses.
Usually, there are motives beyond just keeping unwanted visitors away from a property for these signs . Property owners, both residential and commercial, will erect the signs with the hope that with the warning there will be fewer people who will engage in acts of solicitation on their properties. Those individuals who regularly make a living by soliciting people’s homes or businesses are more likely to adhere to the verbal warnings against solicitation than others who may just be bored or careless.
The takeaway here is that no soliciting signs are versatile and flexible and can be used in many different settings, in many different ways, and for many different reasons. The ultimate goal of all these uses is to inform the general public and mold their behavior based on the property owner’s preferences.
The Legal Meaning of “Soliciting”
Soliciting is generally defined as the act of asking for or trying to obtain something from someone. In the context of soliciting for business, this can include all manner of communication with potential customers, soliciting donations for a cause, or even simply asking a passerby a question.
While the legal definition of soliciting will vary from jurisdiction to jurisdiction, the general legal definition has been held to be a request for an action accompanied by an offer to perform some kind of service in exchange. Thus, door-to-door sales are solicitation "unless the location is so remote people will not be bothered."
Further, "an activity that is meant to cause the recipient to enter into a contract" has been found to be a solicitation by a California court.
Courts also allow commercial speech, or advertising that proposes a commercial transaction, to be protected under the First Amendment unless a likely negative secondary impact to society will outweigh the benefits to society of protecting commercial speech.
Again, the boundaries of what constitutes a solicitation will vary between jurisdictions, such as the commercial speech doctrine, but in general the following has been deemed to be solicitation in varying degrees by courts in various jurisdictions:
This means that simply engaging with or interacting with another person may be deemed to constitute solicitation by the law regardless of whether or not they attempted to sell anything.
The definition of commercially soliciting also extends into showing things like samples or requesting donations for charitable causes. This means that simply showing someone a commercial product constitutes solicitation regardless of whether or not they offered to buy it.
Do “No Soliciting” Signs Have Teeth?
In many neighborhoods and communities across the country, no soliciting signs have become a common sight. These signs claim to protect the residents of a neighborhood by restricting unwanted soliciting from companies, charities, or other individuals. While most people assume that this sign is indeed legally binding, there is less evidence to suggest that these signs hold up in court. There are a few reasons why no soliciting signs are considered unenforceable. For one, there is no real legal precedent that explains the terms no soliciting, and therefore it can be viewed two different ways. Does the word "soliciting" mean any type of sales or just door-to-door sales? Does it mean selling anything for money, or even charitable donations? Without a clear definition of the term, there is room for interpretation and loopholes in the law.
Secondly, there is no real way to enforce these signs outside of self-policing. So, if a solicitor shows up on their doorstep, a resident can approach the solicitor and tell them to leave or report them to local law enforcement. However, they cannot necessarily call 911 and expect the police to respond. This can be frustrating for homeowners who are expecting the police to handle the issue. Instead, it is important to handle these issues when and where they arise without second guessing.
When it comes to these no soliciting signs, the unfortunate truth is that there is very little power when it comes down to it. These signs are not legally binding, and there is little that can be done if a solicitor approaches a home with a clear no soliciting sign on their front lawn. The best method for ensuring that these signs are readable is to keep them in good shape and free of visible wear and exposure. New signs are always more effective than ones that have been around for years. If you keep up with your no soliciting signs, then you have a fighting chance at keeping out unwanted solicitors.
How to Strengthen Your No Soliciting Signs
If you have not yet put up a no soliciting sign in front of your property, you should do so. However, there are other things you can do to make your sign even more effective than just simply placing it on your property. One step that you can take to encourage compliance with your no soliciting sign is to position the sign so that it is as easily visible as possible. This may mean placing your sign in the most highly trafficked area on your property. Secondly, you want to make sure that your no soliciting sign is worded clearly and succinctly. You want to make it clear that the purpose of the sign is to tell people that they are not allowed to solicit on the property. Typically, this means that your no soliciting sign will display a message along the lines of "No Solicitation, Trespassers Will Be Prosecuted." Or something along those lines. Also, you should consider putting the sign in an area that is heavily trafficked but is also heavily monitored by cameras or personnel. This could be an area near the front of the building or in a conference room that has multiple windows near it.
Legal Action if “No Soliciting” is Ignored
The legal recourse available to property owners who experience a solicitation despite a no soliciting sign depends on the nature of the intrusive activity. Obvious offenses include salespeople knocking on doors or actively seeking to distribute flyers across a property. However, if these activities cannot be immediately confirmed, it may be a violation of local trespassing laws to continue hoteling or marketing efforts to the same contact when he/she has clearly expressed no intention of ceasing or refraining from doing so.
Trespassing can be classified as either "criminal" or "civil." Criminal trespass is violation of an individual’s right to exclusive possession of their land. A real property owner is entitled to exclusive possession … There are two types of criminal trespass, involved in this case, is criminal trespass to land . Relevant State of Florida statute is: (1) entering or remaining upon the premises of another without permission; (2) erecting a rope or barrier at the entrance to the premises of another in order to prohibit entry by the public; and (3) causing a motor vehicle to remain on the premises of another without the permission of the property owner…. Thus, if you have placed a no soliciting sign on your door, and the solicitor disregards the sign and knocks on your door and you ask where he is from the person states sorry we are not really dealing with it right now, but we have some free food to offer, that may constitute criminal trespass." Furthermore, if the solicitor is on the property without the land owner’s permission, that person may be guilty of criminal trespass.
Exceptions, Limitations and Precedents
No soliciting signs are not always universally enforceable. There are certain exceptions and limitations that may come into play when it comes to no soliciting policies.
Such policies, for example, may not apply to agents if they are either writing business for their own benefit or if they have a personal or pre-existing relationship with the office, entry, residence, employer, or customers.
No soliciting policies may not apply to employee solicitors. Employee solicitors are often allowed to go from place to place on a routine basis. They may be allowed to solicit for their employer’s goods, wares, or services.
Soliciting may be allowed if it is approved by the office. For example, an office may allow a certain area to be off-limits to soliciting, but might permit it elsewhere.
ACTEC, the American College of Trust and Estate Counsel, provides very useful information about such restrictions that may apply. According to ACTEC, "courts in a number of jurisdictions have held that a no soliciting policy does not prohibit soliciting by a stranger who has an apparent relationship with a person in a residence, unless the owner or occupant affirmatively prohibits such conduct or the parties reside in a community with a homeowners’ association or association with similar local authority."
Also, "courts also recognize that, unless specifically restricted, a person does not lose the right to solicit merely by working for the person’s biggest competitor."
No Soliciting: A Perspective on the Law
The enforceability of "no soliciting" signs can vary significantly from jurisdiction to jurisdiction—both nationally and internationally. For instance, under the common law in the United States, consent to enter private property may be implied or presumed, depending on the surrounding circumstances; in the United Kingdom, separate property rights of both the landlord or tenant apply as an English court in 1844 illustrated by holding that a lease with the words "entry or… without permission" prevents even a postman from entering without the tenant’s consent. In the Republic of Ireland, it may be necessary to also prove that a sign has been erected for the purpose of intimidating the public from entering the premises and that they have refused entry.
Further , "trespass to land" is an area in which the laws and the attitudes of different countries towards physical presence in a particular location differ substantially. Under the civil code of the United Kingdom, a trespass is committed when a person enters land without license. The law in South Africa commands that any person who intends to enter land must take all necessary precautions to ascertain whether his or her conduct would constitute a trespass and, if so, obtain the permission. The position is slightly different in the Philippines where entry without license, coupled with refusal to leave when asked, constitutes an act of trespass and an individual may be held criminally liable if unreasonable force is used to do so.