A Mt. Lebanon ordinance requiring door-to-door canvassers to register with the police department was struck down yesterday by a federal appeals court.

The 3rd U.S. Circuit Court of Appeals found that the registration requirement violates free speech rights guaranteed by the First and Fourteenth amendments.

The ruling sets new precedent throughout the court's jurisdiction, including all of Pennsylvania, New Jersey, Delaware and the Virgin Islands. No municipality may require permits or registration for those wanting to canvass a community for political, religious or other reasons -- provided they are not soliciting money.

The court's ruling did not address whether people working for charitable organizations must register if they wish to solicit donations.

The American Civil Liberties Union filed a lawsuit against Mt. Lebanon on behalf of the Service Employees International Union and two women who planned to canvass the suburb as part of a get-out-the-vote campaign before the 2004 presidential election.

The Mt. Lebanon statute requires anyone who wants to canvass the community to register with the police department, provide their names and home addresses and present photo identification.

"Requiring people to tell the police in advance that they want to discuss political and religious matters with their neighbors is offensive to the very essence of a democracy," said Witold Walczak, legal director for the ACLU of Pennsylvania.

U.S. District Judge Arthur J. Schwab, who heard the case in the Western District, ruled against the plaintiffs in December 2004, claiming that the canvassers were not harmed by the ordinance.

But after hearing the appeal, the 3rd Circuit's three-judge panel reversed the lower court.

Jim Roberts, Mt. Lebanon solicitor, said he was disappointed with the ruling and that the municipality's commissioners will consider an appeal.

Officials enacted the ordinance to try to prevent fraud and crime.

But the court found that was not a substantial reason to inhibit free speech.

Citing a 2002 U.S. Supreme Court decision, the 3rd Circuit judges wrote: "[I]t seems unlikely that the absence of a permit would preclude criminals from knocking on doors and engaging in conversations not covered by the ordinance."

The court went on to say that those with bad intentions could simply knock on a door and ask for directions or to use the telephone. Additionally, they could register under a false name.

"After all, if they are not deterred by the substantial criminal penalties which exist for burglary and violent crime, it is not reasonable to expect that they will alter their behavior because of a $300 fine for failing to register."