Is a local law barring solicitors permits for felons valid in New York?
No. A Cheektowaga local law imposing a categorical felony bar on solicitors permits is likely invalid under New York Correction Law Article 23-A to the extent it directs denial solely because of a prior felony conviction, without the individualized inquiry Article 23-A requires.[2][3] New York’s highest court has made clear that licensing decisions must be made under Article 23-A’s “direct relationship” and “unreasonable risk” framework, not by blanket exclusion of people with felony convictions.[1]
Why the local law is vulnerable
1. Article 23-A forbids blanket felony exclusions for licenses covered by the statute
Article 23-A provides that no application for a license covered by the statute may be denied “by reason of” the applicant’s prior conviction, unless the agency finds either:
- a direct relationship between the conviction and the specific license sought; or
- an unreasonable risk to property, or to the safety or welfare of specific individuals or the general public.[2][3]
A local law that says the town clerk “shall not” issue a solicitors permit to anyone with a felony conviction appears to replace that individualized statutory standard with a categorical disqualification. That is inconsistent with the statute’s text.[2][3]
2. New York Court of Appeals authority supports individualized review
In Bonacorsa v. Van Lindt, 71 N.Y.2d 605 (1988), the Court of Appeals explained that Article 23-A was enacted to eliminate bias against ex-offenders and that the statute imposes a broad general rule against denial based solely on prior convictions, subject only to the two statutory exceptions.[1] The court also emphasized that the “direct relationship” and “unreasonable risk” determinations require case-specific analysis.[1]
3. The permit likely qualifies as a “license” under Article 23-A
Article 23-A defines “license” broadly to include any certificate, license, permit, or grant of permission required by state or local law as a condition for lawful practice of an occupation, employment, trade, vocation, business, or profession.[2] A solicitors permit issued by a town clerk likely falls within that definition if it is required to engage in soliciting activity lawfully.[2]
Bottom line
A Cheektowaga local law that automatically bars anyone convicted of a felony from obtaining a solicitors permit is likely preempted or otherwise invalid under New York law because it conflicts with Article 23-A’s requirement of individualized consideration.[2][3][1] The town could still deny a permit in an individual case if it makes the findings Article 23-A requires, but it cannot impose a blanket felony ban.
Caveat
The final answer can turn on the exact language of the Cheektowaga local law, the nature of the solicitors permit, and whether any separate state statute specifically governs that permit category. If you want, I can also analyze the ordinance for possible conflict preemption and draft a short memo outlining the strongest challenge.