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1 question of whether or not an ordinance that uniformly <br />2 prohibited picketing without exception - <br />, QUESTION: Did it say prohibit; it just said <br />4 regulate, did it not? <br />5 MR. FUHRMAN: The - <br />6 QUESTION: Well, never mind, maybe 1 have it. wrong. <br />7 MR. FUHRMAN: Well, footnote two reads as follows, <br />8 -Because the Court of Appeals concluded that the labor dispute <br />9 exception was not severable from the remainder of the statute, <br />IU it invalidated the enactment in its entirety. The Court <br />11 therefore found it unnecessary to consider the <br />12 constitutionality under the First Amendment of the statute that <br />13 prohibited ail residential picketing. Because find the present <br />14 statute defective on equal protection principles, we likewise <br />15 do not consider whether a statute barring all residential <br />16 picketing regardless of its subject matter would violate the <br />17 First and Fourteenth Amendments." <br />18 And so that situation then is now a situation that is <br />19 squarely before the Court today. Because we do have an <br />20 ordinance that prohibits all residential picketing without the <br />21 labor exception. <br />The fact situation that gave rise to the adoption of <br />23 these two ordinances was a period of picketing of approximately <br />24 three weeks that had been conducted by the Appellees and their <br />25 associates before the home of one Dr. Benjamin Victoria, a <br />5 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />