A No Loitering No Soliciting sign outside McDonald’s. (Photo by: Jeffrey Greenberg/Universal Images Group via Getty Images)
Jeff Greenberg/Jeffrey Greenberg/Universal Imag
Got an unwanted visitor knocking at your door? It could be a door-to-door salesperson, political canvasser, missionary or someone collecting donations.
Door-to-door solicitors aren’t all the same. Some promote internet or cable packages, sell products, gather petition signatures, seek charitable donations, campaign for candidates or encourage residents to switch energy providers.
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A No Loitering No Soliciting sign outside McDonald’s. (Photo by: Jeffrey Greenberg/Universal Images Group via Getty Images)
Jeff Greenberg/Jeffrey Greenberg/Universal Imag
But if you don’t want the interruption, does putting up a “No Soliciting” sign actually stop someone from knocking? And what can you do if they refuse to leave?
Texas law and Austin ordinances draw distinctions between solicitation, trespassing and refusing a homeowner’s request to leave. Here’s what to know.
What is solicitation?
Solicitation generally means seeking or offering goods or services. But the term also appears in criminal law in contexts that have little to do with door-to-door sales.
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Criminal solicitation generally involves requesting, commanding or attempting to induce another person to commit certain serious felonies.
Texas law also uses the term in connection with prostitution. Under Texas Penal Code § 43.021, solicitation of prostitution involves knowingly offering or agreeing to pay a fee to another person for the purpose of engaging in sexual conduct with that person or someone else.
Can someone knock if you have a ‘No Soliciting’ sign?
A solicitor’s initial approach to a home is not necessarily illegal simply because a “No Soliciting” sign is posted.
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A person may generally approach a home’s front door, knock or ring the doorbell, wait briefly and leave. That does not give the person permission to wander elsewhere on the property.
Here’s how different warnings work:
No Soliciting: Tells sales representatives that the homeowner does not want them to knock, ring the doorbell or make a sales pitch. Marketing materials may still be left at the door unless signage also prohibits them, access to the property is restricted or the homeowner previously told the company not to return.
No Trespassing: More broadly addresses entry onto the property rather than solicitation alone. Under Texas criminal trespass law, posted signs can provide notice that entry is forbidden if they are reasonably likely to come to the attention of people entering the property.
A direct request to leave: If a homeowner tells someone to leave or not return, the person should promptly leave rather than continue a pitch or argue.
What hours is door-to-door solicitation prohibited in Austin?
Under Austin City Code § 9-4-22, a person commits an offense by soliciting contributions by going to the door of a residence between 9 p.m. and 9 a.m.
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Is solicitation a felony in Texas?
It depends on what kind of solicitation you’re talking about.
Solicitation of prostitution generally involves offering or agreeing to exchange money or something else of value for sexual conduct.
Under Texas Penal Code § 43.021, a person commits solicitation of prostitution by knowingly offering or agreeing to pay a fee to another person for the purpose of engaging in sexual conduct with that person or someone else. The sexual conduct does not have to occur.
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Solicitation of prostitution is a state jail felony in Texas, including for a first offense.
What can I do if someone ignores my ‘No Soliciting’ sign?
If someone ignores a “No Soliciting” sign at your Austin home, the sign does not necessarily make the person’s initial approach or knock a criminal offense.
Tell the person clearly to leave. You don’t have to listen to the sales pitch or explain your decision.
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If the person or company repeatedly returns, keep records. Doorbell-camera footage, the date and time, the company name, vehicle information and the representative’s name may be useful.
If someone refuses to leave after being clearly told to do so, the person may violate Texas criminal trespass law.
Can you sue someone for ignoring a ‘No Soliciting’ sign?
A lawsuit based solely on someone knocking on your door or disregarding a “No Soliciting” sign would likely face significant hurdles. A single unwanted knock typically would not create the measurable financial harm, or damages, generally needed to support a civil claim.
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If a solicitor refuses to leave after being clearly told to do so, however, the issue may become one of criminal trespass, depending on the circumstances.
Residents considering further action should review their city or municipality’s rules governing door-to-door solicitation, including any permit or licensing requirements.