NEWPORT - In response to what she said was a flood of complaints, Councilor Jeanne-Marie Napolitano introduced a resolution at last week's Newport City Council meeting aimed at addressing the issue of timeshare salespeople allegedly using high-pressure tactics to lure people from the streets of downtown Newport into purchasing property with Fairfield Resorts, owner of Inn on the Harbour, Inn on Long Wharf, Long Wharf Resort, and Newport Onshore.

The resolution called for the enforcement of city ordinance 9.08.080, which provides that "No person shall distribute advertising bills, circulars, cards, booklets, placards, or other advertising matter in or upon any street or public place."

City Solicitor Joe Nicholson, though he agrees that a problem exists with the sales tactics being used, said that use of the "handbill" ordinance may not only be the wrong way to tackle the problem, but the ordinance itself may be considered unconstitutional in light of recent United States Supreme Court decisions.

The matter was discussed at last week's city council meeting, and was continued pending investigation of the matter by Nicholson and a meeting between Nicholson and lawyers representing Fairfield Resorts.

Napolitano and other city officials, including the police department, have received complaints from people who have been approached by salespeople on Long Wharf, lower Thames Street, and the Newport County Convention and Visitors Bureau's Gateway Center.

"I just have a problem with their demeanor and their location," said Napolitano, who said that she herself has seen the salespeople follow tourists down the street as they try and walk away from the pitch. Napolitano stressed that she had no problem with people on the streets and in the parks trying to raise money for a charitable cause, but says there is a big difference when it comes to a commercial interest trying to hawk their goods.

"We're talking city owned property, and I think that's a shame," she said.

Kathy Morrison, vice president of operations and human resources at the Gateway Center, said she has had to ask salespeople to leave her building several times. She reported that they do leave when asked, after she explains that the Gateway Center is private property.

"People don't like it. People have complained that they can't get out the door," she said. "I've been here for eight years and I've never seen this amount of solicitation."

Lisa Harrison, owner of Only in Rhode Island on Long Wharf, said she heard one couple ask for directions to a nice shopping area and the salesman sent the couple down to the end of Long Wharf, telling them that there was a little "fishing village" there.

"It puts people off and makes them stay away from the area," said Harrison, comparing the hawkers to "used car salesmen."

Peter Martin, who co-owns the store Hoopla! on Long Wharf with his wife, said that he has seen the salesman on Long Wharf constantly this summer.

"This isn't a great way to welcome people to Newport," said Martin.

Martin's wife, Mary Ann Martin, said that she was approached once in Panera Bread, a restaurant also on Long Wharf.

"They were working the line," she said. "That is the kind of thing we witness and we're appalled by it."

Nicholson agreed that in the face of all the complaints, "something has got to give."

Nicholson, however, believes that calling in the "handbill" ordinance may not be the best way to tackle the issue. The ordinance, he said, was put into place many years ago largely as a way to combat unnecessary litter on city streets. Also, lawyers from Fairfield Resorts have questioned the constitutionality of the ordinance, and Nicholson is not sure he disagrees.

"They would take issue with anyone from the city side prohibiting them from marketing their properties on a public street," said Nicholson.

Nicholson went on to explain that in recent years, the United States Supreme Court has "obliterated" the distinction between types of speech, watering down the distinction between commercial speech and other types.

"The other part of the issue is the technique that they use. I've had it described as annoying, harassing and insulting. We have laws against disorderly conduct," said Nicholson, explaining that while handbill distribution ordinance may not be the best way to approach the problem, things like obstructing the sidewalk and harassing people are against the law.

Nicholson plans on meeting with lawyers from Fairfield Resorts in the very near future, and says that, "They appear to be willing to cooperate."

Napolitano said that whatever happened, something had to be done to curb the high-pressure solicitation.

"Either enforce the ordinance as is or structure the ordinance in such a way that we have some control," she said.

A representative from Fairfield Resorts could not be reached for comment.

BY HEIDI EFFINGER