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1 was stipulated by both parties that an evidentiary hearing was <br />2 not necessary. And number two, the way in which this ordinance <br />was attacked by the Plaintiffs was not in a factual context at <br />4 all. They attacked it facially before it ever had an <br />5 opportunity to be enforced. <br />6 Shortly after the ordinance was adopted, there was a <br />7 request for the preliminary injunction. And so this particular <br />8 ordinance has yet to be enforced. And so there is no factual <br />9 context within which the District Court could construe the <br />10 ordinance. It is purely a matter of law. If there were to be <br />11 a trial, the trial would be purely on that constitutional <br />12 issue. <br />13 QUESTION: Mr. Fuhrman, can I ask whether this <br />14 ordinance would prohibit someone picketing generally, that is <br />15 suppose a picket was not stationed in front of this Doctors <br />16 house, but would a group of people be able to parade through <br />17 the neighborhood carrying signs and just leave? <br />18 MR. FUHRMAN: Yes. <br />19 QUESTION: What does picketing consist of under the <br />20 ordinance? <br />21 MR. FUHRMAN: Although the ordinance contains no <br />22 definition section, in our opinion, picketing would be having <br />23 the picket proceed on a definite course or route in front of a <br />24 home. Because keep in mind, the ordinance only prohibits <br />25 picketing before and about a dwelling or a residence. <br />8 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />