An environmental group is suing Lyndhurst over its right to canvass door-to-door claiming it has been denied access.

According to federal court records, the New Jersey Environmental Federation (NJEF) filed a complaint against the township in federal district court contending an infringement of the Civil Rights Act in early December last year. Within the complaint, which a magistrate judge must approve to move forward with a formal lawsuit, the NJEF alleges that it was denied the right to canvass within Lyndhurst for nearly two and a half years. In January 2005, according to the complaint, the organization alerted Lyndhurst that it would be conducting a door-to-door canvass in the township, but on the first day, canvassers were stopped by various police officers and told they needed a permit to canvass.

The NJEG is one of the state’s non-profit environmental organizations that rely heavily on canvassing for membership and donations.

The complaint further alleges that for the ensuing two and a half years, the NJEF tried without success to obtain the proper permit from the township, and by Aug. 23 last year decided to give it another go without the permit. The NJEF alleges it again notified Lyndhurst of its actions, but again canvassers were stopped by police and threatened with arrest if the canvassing continued.

Jenny Vickers, communications coordinator for the NJEF, said the organization constitutionally doesn’t even have to let towns know they are coming in to canvass, but do out of good faith. She said most towns are willing to give the proper permits, but if blocked, in any way, either by unconstitutional ordinances or permit denials, it’s automatically turned over to attorneys.

"Canvassing is probably one of the most important tools to a non-profit, grassroots organization," she said. "I say grassroots because we are grassroots, meaning we don’t do mailings, we don’t send out expensive glossy brochures…we meet one-on-one with the community. Most towns are open to it, but when our first amendment rights are occasionally violated, we have to take it to the courts."

Mayor Richard DiLascio said he hasn’t had a chance to thoroughly review the complaint yet and could not comment on it specifically, but stood by the township’s peddler, solicitor and canvassing ordinance, calling it one of many that are in place to safeguard the safety of the residents. Police Chief James O’Connor said he could not comment on the complaint or as to if and why the NJEF was denied permits because it’s now a matter of township litigation.

"We’re reviewing it [the complaint] now to see if and what’s out of compliance," said DiLascio. "We don’t want people just wandering through the streets not knowing who they are and what they’re doing, It’s all safety related, nobody wants to interfere with someone’s ability to make a living."

Usually a win

It wouldn’t be the first time the NJEF sued over the right to canvass. In 2004, the U.S. District Court ruled against Wayne Township’s ordinance that required the NJEF to acquire permits, citing the organization as a non-profit and that soliciting contributions was a form of protected speech for such non-profits. The court, however, left in place the permitting requirement for commercial solicitors.

Furthermore, the NJEF complaint isn’t the first suit brought against a local town due to alleged unconstitutional "roadblocks" to canvassing. North Arlington was one of 10 towns named as defendants in a 1986 federal appellate court case brought about by New Jersey Citizen Action and The New Jersey League of Conservation Voters. The two organizations appealed for the right to canvass until 9 p.m., prohibited in those towns at the time. The organizations won that right.

Like Lyndhurst’s canvassing ordinance, most towns, statewide and locally, have similar rules when it pertains to the door-to-door advocacy movement. Most require the names, past criminal history, addresses and other personal information of all canvassers and the businesses. It also requires the canvasser to notify the town in advance of its activities. In some cases, as in Lyndhurst, that means six months in advance. The NJEF complaint against Lyndhurst said the provisions of the township’s canvassing ordinance "burden, obstruct and prohibit protected, expressive advocacy by plaintiff (NJEF)".

Do you want them?

Some residents say they are not fully opposed to canvassers at their door, but at times it becomes somewhat of a nuisance, they said. Julian Sebastian of Lyndhurst said he’s respectful of canvassers, but only when he’s not busy or eating dinner.

"I think everyone gets at least one at the door each year, sometimes maybe more," he said. "If I’m in a good mood, I’ll answer the door. If I’m in a bad mood or I’m busy, I’ll get away from the windows and hide so they don’t see me."

Ordinances, however, aren’t the only tools in the arsenal of safeguards for resident rights and shields to let canvassers roam free. Towns across New Jersey such as Franklin Lakes, Hanover, Mountainside and Dover Township are beginning to formulate their own "no-knock" lists just as there are the "no-call" lists through the state to deter habitual telemarketers. DiLascio said he is looking into creating one for the Lyndhurst. Sebastian said he would probably be one of the first to sign up.

"If there’s a way to stop them from even coming to the door, then yea, I’m in," he said.