Wednesday, October 21, 2009

Families in Maryland town ask for lift of ban on MDA solicitations on local roadways

From the Frederick News-Post:

A parent and grandparent of children with muscular dystrophy are asking the Frederick County Commissioners to lift a ban on solicitation along local roadways.
The topic raised the most comment of any proposal at the Oct. 20 hearing on the county's 2010 state legislative package.

The Career Firefighters Association of Frederick County, Local 3666, participates in a national drive to raise money for the Muscular Dystrophy Association.

That effort raised $22,000 when firefighters walked next to cars at three county intersections asking for donations.

But since then, a state law has been enacted and enforced that bans anyone from soliciting on roadways.

The firefighters association is asking for the commissioners to support state legislation to start allowing solicitation again. Several commissioners have raised concerns that there will soon be people swarming popular intersections raising money for all sorts of causes, or private enterprise.

Under the proposed legislation, the county would be able to set up a permit process. But because of concerns for equal enforcement under the First Amendment, the commissioners could not limit use of the roadways to just the firefighters.

They also have been advised that it wouldn't be legal to restrict the time or amount of use on the roadways.

County resident Mike Glasgow, whose son died from a form of muscular dystrophy, urged the commissioners to give the idea a chance.

"What's being asked for is just the chance to set up the ordinance," Glasgow said. "It doesn't mean that all of the sudden, the streets are full."

Similar changes have been granted in state law in other areas, such as Baltimore County and Montgomery County.

Those measures have only been passed within the past two years, but firefighters association president John Neary said experience there has shown only firefighters seek the permits to solicit.

Commissioner John L. Thompson Jr. pointed out that might not be the case in Frederick .

"Once you've allowed one organization, regardless of their cause, there's no means to prevent another from being there the next day," Commissioner John L. Thompson Jr. said.

Thompson asked Maddie Stewart, a representative of the Muscular Dystrophy Association, if she would agree the county would have to issue a permit to the American Nazi Party for solicitation under the proposal.

"The next applicant could be the Ku Klux Klan in the hooded regalia," Thompson said. "That's the concern I have. My preference is to not get into that and just say this area is off limits for solicitation by everyone."

Stewart replied the county would have to, but called it an extreme example and said she has not heard of anything like that happening.

The commissioners are scheduled to start deciding on the legislative package, including this proposal, at a meeting next week.

After that, it will go to the county delegation of state lawmakers for their consideration. Successful proposals will be introduced in the Maryland General Assembly during the 90-day regular session that convenes in January.