Legal Question in Civil Rights Law in New York

Re: Does Federal Law supersede Town ordinance?

Obviously, federal law -- especially, federal constitutional rights -- take precedence over a local town's ordinance. That statement, however, begs the question.

The question is whether, in fact, you (or, more appropriately, your employee) have a Constitutional right to engage in the type of solicitation for which your employee was cited. The answer (if there is one) would take some legal research, especially because commercial "speech" is much less protected than other types of "speech."

In short, you raise an interesting issue; however, other than, perhaps, a law student, I don't know of anyone who would be willing to put the time into performing the legal research necessary to answer it without compensation, as it would be moderately time-consuming.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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