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Agenda - Council - 04/13/2021
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Agenda - Council - 04/13/2021
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Meetings
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Meeting Type
Council
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04/13/2021
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10/29/2020 State v. Castellano :: 1993 :: Minnesota Court of Appeals Decisions :: Minnesota Case Law :: Minnesota Law :: US Law :: Justia <br />away. Such an individual would be just as much captive as if in the home when the focused <br />picketing commenced. See Frisby, 487 U.S. at 488, io8 S. Ct. at 2504. <br />The targeted picketing ordinance of the Town of White Bear is narrowly tailored to protect <br />unwilling occupants of a single residential dwelling. The ordinance eliminates no more <br />than the exact source of the "evil" it *649 seeks to remedy. See id. at 485, io8 S. Ct. at <br />2503. <br />D. Alternative Means of Expression <br />The Frisby Court, after narrowly construing the Brookfield, Wisconsin, ordinance "to <br />prohibit only picketing focused on, or taking place in front of, a particular residence," id. at <br />482, io8 S. Ct. at 2501, had no difficulty in determining that the ordinance left open <br />alternative channels of communication. The Court held that the ordinance did not prohibit <br />general marching through neighborhoods, walking a route in front of an entire block of <br />houses, or distributing literature door-to-door or through the mail. Id. at 483, io8 S. Ct. at <br />2502. <br />We agree with the Town of White Bear that Ordinance No. 63 permits general <br />dissemination of ideas protected by the First Amendment. Because the prohibition is <br />limited to targeted picketing focused on and taking place in front of a single residential <br />dwelling, picketers may enter, alone or in groups, residential White Bear neighborhoods, <br />march the public streets, distribute literature, and go door-to-door to proselytize their <br />views. Sufficient alternative channels of communication remain open under Ordinance No. <br />63, as fully as they did under the Brookfield, Wisconsin, ordinance found to be <br />constitutional in Frisby. See id. <br />In summary, the Town of White Bear has demonstrated the need for Ordinance No. 63. See <br />Goward, 456 N.W.2d at 464. The ordinance is content -neutral, narrowly tailored to <br />promote a significant government interest, and leaves open alternative means of <br />communication. See Perry, 460 U.S. at 45, 103 S. Ct. at 955. Neither the selection of the <br />word "occupant" nor the concept of "activity" as narrowly construed here causes the <br />ordinance to be substantively overbroad under Broadrick. Under Frisby, White Bear <br />Ordinance No. 63 is a facially constitutional governmental regulation of the time, place or <br />manner of speech. <br />II. <br />Finally, appellant contends that Town of White Bear Ordinance No. 63 is void for <br />vagueness. We disagree. The void-forvagueness doctrine, based upon due process, <br />https://law.justia.com/cases/minnesota/court-of-appeals/1993/c4-93-356.html 9/12 <br />
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