Pest company sues Colleyville over solicitations

Posted Monday, Oct. 14, 2013  comments  Print Reprints

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A pest control company has filed a lawsuit against the City of Colleyville.

Moxie Pest Services Dallas filed a lawsuit against the city on Oct. 4 seeking an injunction and damages against Colleyville’s solicitation ordinance.

The ordinance prohibits door-to-door solicitation after 4:30 p.m. Monday through Saturday.

While the ordinance was updated and adopted in 2011, the 4:30 p.m. curfew was introduced in a 1993 ordinance.

Moxie opened its Carrollton location to serve the Dallas and Fort Worth area in April of this year, according to its website.

In the lawsuit, Moxie said the curfew prohibits the company’s freedom of speech and hurts its business.

“The vast majority of its sales, however, actually occur between 4:30 p.m. and 9 p.m.,” the lawsuit reads. “Accordingly, ordinances that impose solicitation curfews have a direct and substantial impact on Moxie’s business.”

Colleyville released a statement from city attorney Matthew Boyle.

“The City of Colleyville stands behind its ability to regulate the time, place, and manner of commercial speech,” Boyle said. “Ample and boundless alternatives for commercial speech are available in the City. The City steadfastly asserts that the Ordinance is constitutional in both its current and proposed versions.”

According to a letter sent to Boyle from the law firm representing Moxie on July 17, the pest company makes 60 percent of its business after 4:30 p.m. and each day the company cannot solicit after 4:30 p.m., it loses approximately $4,050 in sales.

In its ordinance, Colleyville states the 4:30 p.m. curfew ensures the general health, safety and welfare for residents by limiting door-to-door solicitations when most “intrusive and disruptive to citizens’ privacy.” Commercial solicitors must also obtain a permit through the city Police Department.

Southlake’s solicitation curfew begins after dark or at 9 p.m. and Grapevine’s at 5 p.m. Monday through Saturday.

Moxie Pest Services was unavailable for comment.

Dustin L. Dangli 817-390-7770 Twitter: @dustindangli

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