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Posted by: get her done ( )
Date: September 25, 2010 02:21PM

Just recieved a letter from Kirton and McConkie concerning the church's position legally on the to be filed suit. The letter clearly claims the LDS church does NOT solicite. All stake authorities have been notifed etc. They are circling the wagons. I am going to make them put their shoulders to the wheel....if you know what I mean. HOw exciting that they got a law firm, and think they can lie, threaten and scare...get her done. I think I will sign my letter back to them...This is the one known by my new name...GET HER DONE.

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Posted by: Cheryl ( )
Date: September 25, 2010 02:24PM

Good luck. : )

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Posted by: Cheryl ( )
Date: September 25, 2010 02:41PM

if they know the action is unwanted.

What does the dictionary say "solicit" means?

To appeal for (as in aid or donations.) Also to entice or lure.

We all know that when mormons go to private homes, their purpose is to make an appeal for something and to entice or lure the residents to do something. Their behavior is the embodyment of solicitation.

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Posted by: SusieQ#1 ( )
Date: September 25, 2010 04:29PM

SOLICITATION:
Urgent request, plea, or entreaty; enticing, asking. The criminal offense of urging someone to commit an unlawful act.

The term solicitation is used in a variety of legal contexts. A person who asks someone to commit an illegal act has committed the criminal act of solicitation. An employee who agrees in an employment contract not to solicit business after leaving her employer and then mails a letter to customers asking for business may be sued by the former employer for violating the non-solicitation clause of the contract. The letter constitutes a solicitation. However, if the person had placed a newspaper advertisement, this would not have been a solicitation because a solicitation must be addressed to a particular individual.

Many solicitations in everyday life appear to be legal. For example, a telemarketer who tries to sell a legitimate product by calling potential customers is making a solicitation. It may or may not be legal, however, depending on the laws of the states where the telemarketer and the caller reside. If either of the states requires that telemarketers register with the state government, then the legality of the solicitation will depend on whether the telemarketer met this registration requirement. Failure to register may make the telemarketing company liable for civil fines or criminal penalties.

MORE HERE:
http://legal-dictionary.thefreedictionary.com/solicitation




In civil law, solicitation means any request or appeal, either oral or written, or any endeavor to obtain, seek or plead for funds, property, financial assistance or other thing of value, including the promise or grant of any money or property of any kind or value. Solicitations may be made in writing, in person, or by telephone and other electronic methods. They made be made for business profit or for charitable purposes. State laws, which vary by state, primarily govern solicitors.

In civil law, various state and federal laws govern business solicitations. Some state laws provide for a consumer's right to rescind a solicited contract within a certain time period. Local laws should be consulted for applicable requirements
MORE HERE:
http://definitions.uslegal.com/s/solicitation/

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Posted by: SusieQ#1 ( )
Date: September 25, 2010 04:35PM

It appears that religious canvasing, talking to people, knocking on doors is not illegal in most areas.


Regulation of Religious Solicitation.—
Although the solicitation cases have generally been decided under the free exercise or free speech clauses,205 in one instance the Court, intertwining establishment and free exercise principles, voided a provision in a state charitable solicitations law that required only those religious organizations that received less than half their total contributions from members or affiliated organizations to comply with the registration and reporting sections of the law.206 Applying strict scrutiny equal protection principles, the Court held that by distinguishing between older, well-established churches that had strong membership financial support and newer bodies lacking a contributing constituency or that may favor public solicitation over general reliance on financial support from the members, the statute granted denominational preference forbidden by the Establishment Clause.207

http://law.onecle.com/constitution/amendment-01/09-regulation-of-religious-solicitation.html


From my reading, according to civil law, the LDS Church (and others ) do not participate in solicitation.

Apparently, if I read it correctly, they are within their rights legally to inquire about their members.

This is my conclusion from reading the laws - not legal advice and could be incorrect.

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Posted by: get her done ( )
Date: September 25, 2010 07:35PM

All very interesting olds and comments. To make this case a work one has to be fairer to the supreme court decisions of the United States of America. Allstate Courts, district records, local courts, is a giant waste of time. It is a well documented by the Supreme Court that solicitation especially for religious organizations is a right under the free speech section of the constitution of the United States. However, it has been held by the Supreme Court of the United States that any individual property owner is able to produce a no solicitation sign. Once a no soliciting sign has been posted, the lodge classically changes, even for religious organizations. It is a class C misdemeanor to solicit WITH persons who clearly posted and a no solicitation sign. A no solicitation sign, has extreme legal consequences in misdemeanor laws of every state of the United States. Ordinances individual states and towns have tried to pass had been struck down over and over again especially allowing exemptions for religious organizations. This case turns on whether one sign at the entrance of a condominium complex covers all owners of the association. The worlds of the complex is that you are not allowed to post the signs, so my argument is that the channel signing at the main entrance and only entrance of sense all of the condo owners and includes the mormon church. It's a long and complex process, but getting a Davidian cult was also long and difficult process. I'll keep you up to date. Getting out a letter from a major Salt Lake City law firm indicating they represent the church of Jesus Christ of latter day saints and now trying to defend against a lawsuit is certainly a good sign.

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