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10/29/2020 State v. Castellano :: 1993 :: Minnesota Court of Appeals Decisions :: Minnesota Case Law :: Minnesota Law :: US Law :: Justia protecting the well-being, tranquility and privacy of the home which is certainly of the highest order in a free and civilized society. The Town Board of the Town of White Bear further finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedom of speech and expression. SECTION 3. PROHIBITED. No person shall engage in targeted residential picketing within the Town of White Bear. SECTION 4. PENALTY. Every person convicted of a violation of any provision of this Ordinance shall be punished as provided in Ordinance No. 26. SECTION 5. SEVERABILITY. Should any section, subdivision, clause, or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part held to be invalid. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Town of White Bear, Minn., Ordinance No. 63 (1990). [2] "Activity" is defined as a "specified pursuit in which a person partakes." American Heritage Dictionary of the English Language 18 (3d ed. 1992). In Frisby, after construing the Brookfield ordinance to limit picketing focused on a particular residence, the Court noted that its construction was "in line with viewing the ordinance as limited to activity focused on a single residence." Frisby, 487 U.S. at 482, 108 S. Ct. at 250i (emphasis added) . [3] We believe that implicitly the ordinance requires that the dwelling be used for residential, not business or other pecuniary, purposes when the picketing occurs. The ordinance expressly states that it is intended to protect residential privacy. In Town of Barrington v. Blake, 568 A.2d 1015 (R.I.1990, the Rhode Island court applied Frisby and held constitutional a targeted residential picketing ordinance which prohibited picketing taking place in front of or adjacent to property used for residential purposes "except where such picketing relates to a use or activity being carried on within such property." Id. 568 A.2d at 1017-18. The court noted that the exemption narrowed the scope of the Barrington ordinance beyond Frisby. Id. 568 A.2d at 1021. https://law.justia.com/cases/minnesota/court-of-appeals/1993/c4-93-356.html 11/12