Martinez, CA Soliciting & Door-to-Door: Solicitor Permits (2026)

Courts have repeatedly held that simple passive solicitation, standing with a sign or verbally asking for assistance, is protected speech under the First Amendment. The Ninth Circuit struck down broad panhandling bans in decisions such as Comite de Jornaleros de Redondo Beach v. City of Redondo Beach (9th Cir. 2011) and the U.S. Supreme Court's Reed v. Gilbert (2015) analysis further constrained content-based restrictions. Martinez's ordinance therefore targets aggressive conduct rather than the message.

Under MMC Chapter 9.20, it is unlawful to engage in aggressive solicitation, defined to include: (1) approaching or following pedestrians in a manner intended to intimidate; (2) using threatening gestures or profane or abusive language in the course of a solicitation; (3) blocking the path of a person or vehicle; (4) continuing to solicit after the person has clearly refused; (5) soliciting in groups of two or more intending to intimidate; (6) soliciting within 15 feet of an ATM or bank entrance; (7) soliciting occupants of stopped vehicles on a public roadway; or (8) soliciting at bus stops, gas stations, or restaurant outdoor dining areas.