Word of the Month for July 2026: SOLICITATION

Picture it.

You've scrimp and saved and bought your little slice of heaven to call home nestled in the smoky mountains or maybe in somewhere in South Carolina or maybe it was Texas or Montana or...oh, heck, it's my story so South Carolina it is (it's paradise).

Anyway, what you really DON'T want is someone coming to disturb your little slice of heaven so you put up "NO SOLICITATION" or "NO TRESPASSING" signs on your property.

Of course, like mosquitos to a southern BBQ, in less time than you can say Jiminy Cricket you have two dozen solicitors at your door.  Before we get too far into this post, let's define what we're talking about.

SOLICITATION generally refers to the act of requesting, enticing, or attempting to obtain something from someone. The term is heavily context-dependent and falls into three primary categories: daily/business requests, criminal law, and sexual offenses.

In the legal context, solicitation is a specific inchoate crime where someone encourages, commands, or pays another person to commit a crime, even if the crime itself is never ultimately carried out.

• Example: Hiring or asking someone to commit murder, or paying an undercover officer to perform illegal acts.

In the corporate and governmental sectors, a "solicitation" is an official document (such as a Request for Proposal) distributed by an organization seeking bids from vendors to complete a specific project or provide services.

In everyday contexts, solicitation is the act of asking for money, donations, support, or business. 

• Example: Door-to-door fundraising for a local cause, telemarketing calls offering a service, or a charity sending mail asking for a financial donation.

Yep, that's the one.  I mean, how annoying is it when, even after you post all those NO SOLICITATION or NO TRESPASSING signs that you now have a pestiferous wretch who banging on your door disturbing your peace and tranquility!  

Dang but some peoples kids, right?!? 

As it relates to commercial or business related solicitation, what we're looking at is:

• Pest control salesman
• Roofing company
• Solar panel salesperson
• Security system salesperson

Commercial solicitation receives less constitutional protection than say non-Commercial Canvassing which might include:

• Political campaigns
• Religious evangelism
• Petition circulators
• Advocacy groups

These activities receive greater First Amendment protection, although homeowners still have substantial rights to exclude them from their property.

So, does ringing a doorbell normally constitute trespassing?

Short answer, no (generally).

American property law recognizes an "implied license" allowing ordinary visitors to walk up the driveway, approach the front door, knock or ring once, or attempt a brief contact.

This implied invitation applies to:

• Neighbors
• Delivery drivers
• Police conducting a "knock and talk"
• Salespeople
• Religious canvassers

That's why simply walking to a front door is ordinarily not trespassing. 

So, what does a NO SOLICITING sign do?

A properly visible NO SOLICITING sign generally serves as notice that the implied invitation to enter my property for solicitation purposes has been revoked.  Or, in other words, without a NO SOLICITING sign:

• Solicitor walks up
• Rings bell
• Leaves
• Usually lawful

With a sign:

• Solicitor sees sign
• Approaches anyway
• Rings bell attempting to sell something

Now the solicitor has a much weaker claim that he was authorized to enter. Many courts treat this as evidence supporting trespass. 

OK, so what if the solicitor rings repeatedly and refuses to stop?

Yeah, now you're entering a different territory.  See, our hypothetical wasn't "Solicitor rings once."  We moved on to "Person rings the ever living hell out of the doorbell and refuses to stop until someone answers."

That conduct may implicate:

Trespass

In the context of a person ringing a doorbell and refusing to stop, trespass (specifically criminal trespass) occurs when an individual remains on private property after being explicitly asked to leave or when their continued presence causes a resident to fear for their safety.

Because doorbells are designed for public use, walking up to a front door and ringing it once is typically permitted. However, this "implied license" to be on your property is instantly revoked if:

• You verbally tell the person to leave or stop ringing.
• The individual refuses to leave, or continues to ring the bell.
• The property is blocked by clear "No Trespassing" signs or secured gates

Because the person ignored posted notice, now they're staring down both barrels of the law.

Harassment

In some jurisdictions repeated unwanted conduct intended to annoy or alarm can constitute harassment.  In the case where a person repeatedly rings your doorbell and refuses to stop, the legal definition of harassment, as generally applied, occurs when the conduct is a knowing, willful, and repetitive.  It is a  "course of conduct" that serves no legitimate purpose. 

To cross the line from a nuisance into illegal harassment, the behavior must cause a "reasonable person" substantial emotional distress, intimidation, or alarm, and it must actually cause that distress to you.  Note, that's "you" as in your person.  Not the person across the street or around the corner - YOU must be distressed by the activity.

Disorderly Conduct

If the behavior is excessive enough, ringing a doorbell and refusing to stop generally falls under "disturbing the peace."  Legally, this action constitutes disorderly conduct if the person is making unreasonable noise, intentionally causing public or private annoyance, and continues the disruption after being clearly asked to stop.

Local Solicitation Ordinance Violations

Many cities require solicitors to:

• Have permits
• Respect no-soliciting signs
• Leave immediately when told

Violations can lead to citations or fines. 

As far as property rights go, Texas arguable has the strongest laws in place for property owners.

Under TEXAS Penal Code § 30.05, a person commits criminal trespass if they enter or remain on property after receiving notice that entry is forbidden or after being told to leave. The statute specifically recognizes posted signs as valid notice. 

 

The practical effect of Texas law is that if the homeowner says:  "Leave my property" and the solicitor remains, that is where criminal trespass becomes very clear under Texas law.

MINNESOTA generally requires either:

1. Posted notice against entry, or
2. A direct order to leave.

A salesperson who briefly walks to the front door will often argue they were acting under the normal implied license to approach a residence.  However, according to Minnesota statute § 609.605, entering or remaining on property after being told not to enter or after notice that entry is prohibited.

In NEBRASKA, Neb. Rev. Stat. § 28-521 (Second Degree Criminal Trespass) holds that a person commits trespass if:

"knowing that he or she is not licensed or privileged to do so, he or she enters or remains in any place as to which notice against trespass is given by:

(a) Actual communication;

(b) Posting reasonably likely to come to the attention of intruders; or

(c) Fencing or enclosure."

 So, in Nebraska, if it's posted, you hear someone say "LEAVE", or the house is fenced off, stay away.

In NEVADA specifically NRS § 207.200 makes it a misdemeanor to:

"willfully go or remain upon any land or in any building after having been warned ... not to trespass."

The statute also prohibits entering property:  "with intent to vex or annoy the owner or occupant."

That language becomes interesting when analyzing a solicitor who repeatedly rings a doorbell or refuses to leave.

CONNECTICUT divides criminal trespass into degrees:

• CGS § 53a-107 – Criminal Trespass 1st Degree
• CGS § 53a-108 – Criminal Trespass 2nd Degree
• CGS § 53a-109 – Criminal Trespass 3rd Degree

For a typical homeowner/solicitor situation, § 53a-109 (Criminal Trespass 3rd Degree) is the provision most likely implicated because it covers knowingly entering or remaining on premises without license or privilege.

What if you tell solicitors to leave and they refuse?  This is where trespass becomes strongest.  The classic trespass sequence is:

1. Person enters property

2. Owner tells person:  "Leave my property."

3. Person refuses

At that moment, in most jurisdictions, you've got a much clearer trespass situation and looking at the above noted jurisdictions, many criminal trespass statutes specifically require:

• Notice against entry; OR
• Notice to depart

and refusal to comply. 

So, in addition to have a NO SOLICITATION sign, does posting a NO TRESPASSING sign change things?

Again, short answer: Yes.  Yes, it does.

A NO TRESPASSING sign is generally broader.  Where a NO SOLICITING sign says "Don't come here to sell stuff," a NO TRESPASSING sign says "You don't have permission to enter my property."

The legal significance is usually greater because it addresses entry itself rather than merely the purpose of entry.

Several courts have discussed how "No Trespassing" signs can revoke the implied license normally allowing people to approach a residence. 

For example, in Brown v. State, 152 So. 3d 619 (Fla. 3d DCA 2014), Police violated the Fourth Amendment by entering the curtilage of Brown's home and conducting a "knock-and-talk." 

The court focused on several facts, including the fact that

• The property was enclosed by not one but TWO fences.
• Access to the front door required passing through two gates.
• There were multiple "No Trespassing" signs posted on the outer fence.
• The mailbox was outside the fence.
• The home's curtilage was not visible from outside the fences.
• Brown testified that he did not expect uninvited visitors in the enclosed area.

Even faced with a veritable maze, police were determined to get in despite the repeated warnings against trespassing.  Because the defendant had taken sufficient steps to exclude the public the court found he had established a reasonable expectation of privacy.

 

Even if a person hasn't created a fortress like what happened in Brown v. State, by posting both NO TRESPASSING and NO SOLICITING signs, the homeowner is communicating:

1. Entry is not authorized.
2. Solicitation is specifically prohibited.

From an evidentiary standpoint, this makes it much harder for a solicitor to argue "I thought I was welcome."

Whether it increases criminal penalties depends on the applicable state statute or local ordinance.

Usually:

• The signs don't automatically multiply penalties.
• They strengthen proof that notice was given.

The bigger question is whether police will enforce the laws against those perpetrating trespass and solicitation?

The answer is:  Sometimes (yeah, sorry about that).

If the solicitor:

• Knocks once
• Leaves

Most officers are unlikely to make an arrest.

If the solicitor is abusive, and

• Ignores obvious signs
• Refuses to leave
• Returns repeatedly
• Becomes aggressive
• Rings continuously

Police are much more likely to view it as a legitimate trespass complaint.  The exact response depends heavily on state law and local ordinances.

Some key cases that deal with these issues include:

Breard v. City of Alexandria, 341 U.S. 622 (1951).  The Court recognized the homeowner's right to be left alone and noted that householders may protect themselves from unwanted solicitation.  The Court stated that "The homeowner has the right to determine whether he shall receive strangers as visitors."

That principle is often cited when discussing unwanted solicitation.

In Watchtower Bible & Tract Society v. Village of Stratton, 536 U.S. 150 (2002), the SCOTUS struck down a permit requirement for door-to-door canvassing but specifically recognized that homeowners may protect themselves through no-solicitation signs and by refusing contact.

In Martin v. City of Struthers, 319 U.S. 141 (1943), the SCOTUS protected door-to-door advocacy but emphasized that homeowners retain the right to decide whether they want to receive visitors.

I guess the moral to this story is: Don't piss people off by ringing their doorbells over and over and over again.  I mean, come on, life is hard enough.  If someone is going to go through all the trouble to finding their slice of heaven, the least we the people can do is leave them in peace.

Make a note of that.