License to campaign

That’s why we were startled to read on page 11 of the 15-page “City of Las Vegas Election 2011 Candidate Guide” that candidates were being advised about Municipal Code 6.42, which requires one to obtain a license to distribute handbills or make oral solicitations.

“Applications for Handbill and Oral Solicitation business licenses,” the guide advises, “must be submitted no less than 30 days prior to the commencement of distribution and/or posting with fees of $150 ($50 processing fee plus $100 license fee).”

Another section of the guide advises, “Sign permits may be obtained through the City of Las Vegas Building and Safety Department. … The permit fee is $72 ($19 application fee plus $53 administrative fee). Additionally, any sign in excess of thirty-two square feet requires a sign certificate.”

When asked about this, Las Vegas City Attorney Brad Jerbic basically replied “Oops.”

Mr. Jerbic said the guide will be rewritten to eliminate the section on handbills and oral solicitation, and letters are being sent to all city candidates advising them of such. He had no idea how many, if any, candidates ever complied with the law by paying the fee and obtaining the license. That section also was in a 2009 candidate guide.

He said such laws apply only to solicitors such as door-to-door salesmen and certainly not to political speech protected by the First Amendment.

As for the sign fee, Mr. Jerbic said the $72 is levied under a 2010 ordinance covering temporary political signs. For that a candidate many post as many signs as he wishes so long as they are smaller than 32 square feet. Larger signs require a certificate that costs 50 cents a square foot.

Whether that is constitutional, since it is not content neutral, is questionable. The courts have said time and again government may regulate speech for time, place and manner, but not for what it contains. Making a $72 distinction for political signs might not pass muster.

As for signs larger than 32 square feet, the city attorney said the city attempts to regulate placement for safety reasons related to blocking drivers’ views and the danger they pose in high winds, which makes sense.

Now that the city is in the mood to trim back on requirements for licenses, fees and permits, maybe they can also take a look at the 380 businesses and occupations listed on the city website that require licenses.