Local Regulation of Charitable Solicitation

Abstract

Most discussions of the policy context for nonprofits in the United States focus on federal or state restrictions. Fundraising charities, however, must comply not only with myriad state requirements but an uncertain number of local requirements as well. Based on a survey of the largest cities in the United States, I find that all of these cities have some restrictions on charitable solicitation. Several of the cities also impose extensive registration requirements and other restrictions. These findings highlight the need for nonprofits to be aware of local regulation of their activities.

The regulatory breadth index: A new tool for the measurement and comparison of state‐level charity regulation in the United States

“…Many studies of state‐level charity regulation in the US have been historical, but most have important limitations, and none are capable of measuring regulatory breadth. Some recent scholarship on US charity regulation has focused on a general overview of state and federal regulation, the division of regulatory authority between state and federal regulators, or the shift from federal to state‐level oversight of charities (e.g., Lott & Fremont‐Smith, 2017; Mayer, 2016; Mayer, 2019; Mead, 2019). Other scholarship has discussed to what extent the government or other quasi‐governmental entities should regulate charities (Galle, 2018; Irvin, 2005; Keating & Frumkin, 2003; Mayer & Wilson, 2010; Young et al, 1996); charity self‐regulation (Bies, 2010; Fishman, 2015; Tremblay‐Boire et al, 2016); and special topics, such as the regulation of charitable crowdfunding (Mayer, 2022).…”

Introduction to the Issue

“…In the next research article in this issue, Mead (2019) undertakes a review of charitable solicitation laws in the largest cities in the United States (US). He finds that several cities in the US impose extensive registration requirements and other restrictions on charitable solicitation.…”