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1 argued that there was a violation of the equal protection <br />clause as well as the First Amendment, and that particular part <br />of the argument of the Appelles was not ruled upon favorably by <br />4 the District Court, and there was no cross appeal from that <br />particular part of the order. <br />6 An appeal from the order as a whole was taken by the <br />7 Appellants, that is by the Town of Brookfield, and proceeded to <br />8 the United States Court of Appeals for the Seventh Circuit. <br />9 Before all of this occurred, I should point out that <br />10 the initial ordinance adopted by the Town of Brookfield <br />11 provided an exception to the prohibition against picketing, <br />12 namely an exception in favor of labor disputes. <br />13 When the town attorney became aware of the fact that <br />14 that ordinance had been adopted, he advised the chief of police <br />15 not to enforce it until he had an opportunity to study its <br />16 constitutionality. <br />17 After he had reread the case of Carey v. Brown, he <br />18 advised the town board to repeal that ordinance in deference to <br />19 this Court's decision in Carey v. Brown. The town board did <br />20 precisely that. <br />21 Subsequently, they adopted the current ordinance, <br />22 which has a uniform prohibition against residential picketing <br />23 without any exception. And this also was in recognition of <br />24 footnote number two of this Court's decision Carey v. Brown in <br />25 which this Court stated that it was reserving judgment on the <br />4 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />