Freedom of speech?

[fgoodwin]

Hello All,

Does anyone know the laws regarding freedom of speech as it pertains to an author selling their own written work on a street corner/side walk. I have been harrassed by L&I in my city because I don't have a vendors license but I've been told that freedom of speech should protect me. Now is it because I am selling and not giving away my books?

I live in Philadelphia but I've checked New York laws and they allow book sellers to sell under the Freedom of Speech ammendment.

I guess my question is can city's interperit the Constitution however they see fit.

[quincy]

Philadelphia has an ordinance that restricts vendors.

You must have a license to sell on city streets and/or sidewalks. The license is issued by the city, and you are permitted to sell only at the site designated on the license. Vendors are not allowed to restrict the entrances or exits of buildings, they cannot sell within 10' of a fire hydrant, and they cannot sell where they can be a hazard or a nuisance. Other restrictions also apply.

Philadelphia's streets, especially in the downtown area, are lined with food vending carts. If they could park wherever they wanted to, or sell wherever they wanted to, whenever they wanted to, it could be dangerous for the residents of Philadelphia, and it could also limit the rights of those businesses in the area that depend on the pedestrian traffic being able to enter their establishments.

There is an annual vending tag fee of $250, I believe, and a $300 fine every time you violate the ordinance.

It is not a violation of your freedom of speech to have to purchase a license to sell. Having to purchase a license merely limits where on the streets of Philadelphia you can sell your book. Freedom of speech is not, and never has been, an unlimited and unrestricted right.

[fgoodwin]

Thanks Quincy,

I've never tried to set up a table I usually have a few copies in my bag and approach people as we walk past one another.

[justalayman]

selling is selling and it has nothing to do with the freedom of speach. A municipality can control commercial trade as they deem necessary.

hawk your wares elsewhere or subject yourself to prosecution for violating the ordinances.

[RealAmerican]

Marbury Vs. Madison established the U.S. Supreme court as the arbiter of whether laws are constitutional or not.

The local or state court have jurisdiction over all intrastate commerce. The laws in your city require that if you are selling any product, including whatever drivel you are slinging, you need to have a vendors license. Get the license and you will be free to sell your rag to whomever may buy it. Give it away and no license will be required.