Vacuum cleaner salesman cited for lack of permit

St. Maries police have cited a Spokane man under an anti-soliciting ordinance – the first time the new law has been enforced.

Aaron Thornton, a vacuum cleaner salesman, was cited for allegedly working without a business permit. The infraction stems from a complaint to the Benewah County prosecutor’s office. Thornton faces a fine of up to $100.

Police said Thornton works for Stayton Enterprises in Hayden. The company sells Kirby vacuum cleaners in North Idaho and Montana, business spokesman John Steller said.

“We’re all over the place,” Steller said.

He said there are a number of lawsuits pending against government entities with similar ordinances restricting door-to-door sales. Steller said he does not think the citation will stand up in court.

“We’ll go to court and end up fighting it, and it will get dropped,” Steller said, adding that he was cited for a similar infraction in Post Falls. That ticket, he said, was dismissed.

Benewah County Prosecutor Doug Payne said he is reviewing the issue.

“It’s too early to have an opinion about whether this particular ordinance will survive or not,” he said. “This is the first time one has been pushed to an actual citation.”

Salesman can be fined $100 under the city’s ordinance every day they work without a permit, according to City Hall. The city charges $300 per person for a permit to solicit in the city.

Steller argues that the rates charged by most cities are unreasonable. Many charge $150 per person for a two-week permit and require a background check, he said.

“It’s absolutely outrageous,” he said. “I don’t agree with what it takes to get a permit.”

St. Maries Police Chief Fred Cruzan said licensing helps the city and consumers keep tabs on who is doing business in town while protecting businesses and residents.

“I think it’s kind of a hot issue here in town because people feel like they are being harassed and annoyed by these door-to-door salespeople,” he said. “That is why (the) City Council has created this ordinance.”

Officer Mike Richardson, who cited Thornton, agreed.

“When those guys come into town it takes away from the local businesses and it affects their customer base,” Richardson said.

“These guys usually fly under the radar,” Richarson added. “The main thing is we don’t want people getting harassed by these people. Most people like to relax at home.”

Jeff Darrington, who lives on Fourth Street, said he called the prosecutor’s office and later city police after salesmen with Stayton Enterprises sold his wife an $1,800 Kirby vacuum Oct. 12 while he was working the swing shift at Potlatch.

“The Kirby is a fine machine. I’m not mad at Kirby,” Darrington said. “I’m upset at the men representing Kirby.”

He called the company seeking a refund because he wasn’t satisfied with the warranty, which he said requires him to pay a portion of repair costs.

Darrington said he asked for a refund but missed a three-day deadline to mail the company to cancel the deal. The notice of cancellation was included in his contract, which Darrington said he didn’t read until after the offer expired.

“He never cancelled his contract,” Steller said. “Unless they cancelled properly, my guy isn’t going to pick up the Kirby.”

“These guys usually fly under the radar,” Richarson said of solicitors. “The main thing is we don’t want people getting harassed by these people. Most people like to relax at home.”