NEWS RELEASE

For more information contact: Kevin O’Keefe, Hazelwood City Attorney

Curtis, Heinz, Garrett & O’Keefe Law Firm Office: (314) 725-8788

Tim Davidson, Communications Coordinator City of Hazelwood, Missouri

Office: (314) 513-5014 / Cellular: (314) 703-7843 E-Mail: tddavidson@hazelwoodmo.org

For Immediate Release

Hazelwood’s Code Hasn’t Changed in Decades Yet Generations of Girl Scouts Still Sold Lots of Cookies

(HAZELWOOD, MO, April 13, 2011) – The City of Hazelwood has no dispute whatsoever with the Girl Scout organization. We agree with their rules that say cookie sales should always be conducted in accord with local ordinances More importantly, the City never actually shut down Ms. Mills’ stand. Hazelwood code enforcement personnel, acting in response to neighbor complaints, observed the situation and warned Ms. Mills that her activities were contrary to the City’s ordinances. Though she chose to ignore that warning, no tickets were issued, no charges were filed and no further enforcement actions were taken. Hazelwood City Attorney Kevin O’Keefe pointed out that Girl Scouts are welcome to sell their Girl Scout Cookies in the City of Hazelwood: “But in doing so they should abide by their organization’s cookie selling guidelines which require applying for permits to arrange for permission to set up cookie selling displays as well as observing local city ordinances. Scouts can go door-to-door, use email as a marketing tool and go through the normal channels of selling cookies to their parents’ friends and family members in the community, and set up booths at retail establishments if the store agrees.” “Hazelwood, like most cities, has had the same city code provision for several decades. And generations of Girl Scouts living here have lived by the rules, sold their cookies and done fine. It is inaccurate for anyone to jump to the conclusion that there’s a problem with the City’s code.” said O’Keefe.

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Hazelwood’s Code Hasn’t Changed, Add One

The local ordinance at issue here is the part of the City’s zoning code which says that retail sales to customers should take place in commercial areas rather than residential areas. “The separation of commercial activities from residential neighborhoods has been a fundamental part of zoning law since zoning ordinances were developed almost a hundred years ago.” attorney O’Keefe said. “The City makes allowance for occasional garage/yard sales, but requires a permitting process for two reasons: to be sure the activity is not prolonged or frequent so as to turn a home into a place of business, and to allow police and emergency responders to be prepared to deal with traffic and parking issues so neighbors’ driveways and roadways are not blocked by customers.” O’Keefe said “Stands offering recurring retail sales to consumers are simply inconsistent with the peaceful residential environment residents are entitled to expect in their residential neighborhoods. The government can’t treat people differently because their motives may be more charitable or noble than someone else’s. If Ms. Mills is allowed to operate her stand for weeks at a time, why can’t the neighbors who need extra money to feed their families each set up mini stores in their front yards all up and down the block? The line has to be drawn somewhere, and local ordinances nationwide have traditionally struck the balance between commercial activities and residential peace exactly the same way as Hazelwood’s ordinances.”

“This situation is similar to a police officer sitting along the road monitoring traffic speed with a radar gun. Although the speed limit may be 60 mph, the officer may not bother pulling people over who are driving 65 or 70 mph. But in Ms. Mills’ case, Carolyn was driving 80 mph and a legitimate complaint made by a nearby resident lead the City to take action,” said Hazelwood Mayor Matthew Robinson. The resident complained that the Ms. Mills’ cookie stand was causing traffic to back up, excessive noises (dogs barking) and nuisances for nearby neighbors. Based on this complaint, a City code enforcement officer went out to investigate the situation and to make sure it was a safe operation. While there, Ms. Mills was given a warning notice stating that the City had received a complaint about her operation and she was in violation of City’s home occupancy rules. The officer took no further action and left. Two years ago, Ms. Mills informed the police that two men stole over $1,000 in cash from her stand. Hazelwood police were able to recover over $900 and returned it to her along with the stolen money bag. Not only is the safety of children of great concern to the City, but “The presence of that much money indicates the stand sells a lot of cookies, and that gives credence that this year’s neighborhood complaint about disruption associated with the stand legitimately required a proactive response by the City.” O’Keefe said. The City of Hazelwood fully supports the selling of Girl Scout Cookies as an integral part of the Girl Scout Leadership Experience, and to promote financial literacy among scouts. However, Girl Scouts, as well as any other youth organization in Hazelwood, are

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Hazelwood’s Code Hasn’t Changed, Add Two

expected to respect and abide by the City’s laws and operate in a way that doesn’t disturb the tranquility and safety of local residents. As stated earlier, Hazelwood has not changed its municipal city code in decades and generations of Girl Scouts living in the community have lived by the rules and experienced success with their cookie sales. The City believes it is unfortunate Ms. Mills has chosen to take a different and less community conscious path.

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