Kirby sues cities over door-to-door rules

Three Utah cities are allegedly violating the constitution by restricting door-to-door sales of vacuum cleaners — and now the makers of Kirby vacuums have gone to court to clean up that practice.

Kirby of Utah and Idaho filed suit in U.S. District Court in Salt Lake City Wednesday, claiming that Centerville, Cedar City and St. George are violating the constitutional rights of the company, independent Kirby dealers and distributors, and the public, by restricting free speech through separate city ordinances that govern door-to-door sales.

Also suing with Kirby are various related corporations. Similar lawsuits have been lodged against Pleasant Grove and Kaysville.

Named in the three latest lawsuits are the municipalities, their mayors, city managers, chiefs of police, city attorneys, city council members and government employees who handle business licenses.

Kirby maintains the city ordinances are violating the free speech rights of the companies and Kirby dealers, infringing on commercial speech, and restricting the right of "willing listeners" to get information.

In the case of Centerville the lawsuit alleges that its ordinance is vague and violates constitutional equal protection rights.

"The actions of Centerville are causing irreparable harm to the plaintiffs, Kirby dealers and willing residents because of its violation of rights of speech, due process and equal protection guaranteed by the United States and Utah constitutions," that lawsuit reads. "Willing listeners have a right to receive truthful and non-misleading information regarding a commercial transaction pursuant to the First Amendment of the United States Constitution and Article I & 15 of the Utah Constitution."

The lawsuit against Cedar City also alleges vagueness and equal protection violations, and it maintains that ordinance discriminates against interstate commerce.

Each of the three legal actions calls upon the court to stop the cities from enforcing the ordinances currently on the books, declare them unconstitutional, and forbid the cities from "printing, circulating or posting on the city's Web site a residential solicitation ordinance that does not conform with constitutional requirements." The suits also seek financial compensation for damages, attorney's fees and other costs.

Officials for the three communities could not be reached for comment Wednesday evening.

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E-mail: lindat@desnews.com