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State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) <br />Carey discriminated among speech-related S.Ct. at 2502. The Town of White Bear, in stating <br />activities in a public forum based upon content, its substantial interest "in the protection of <br />the Court considered whether the statute was residential privacy * * * and \[in\] protecting the <br />finely tailored to serve a substantial state interest. well-being, tranquility, and privacy of the home <br />Id. at 462-63, 100 S.Ct. at 2291. The Court which is * * * of the highest order in a free and <br />determined that exempting labor picketing did civilized society," see Town of White Bear, Minn., <br />not advance the state's asserted interest in Ordinance No. 63, § 2, parallels language of the <br />protecting residential privacy, id. at 465, 100 S.Ct. Court in Carey, 447 U.S. at 471, 100 S.Ct. at 2296 <br />at 2293, and struck the regulation as (the "State's interest in protecting the well-being, <br />unconstitutional.tranquility, and privacy of the home is certainly of <br />the highest order in a free and civilized society"). <br /> Appellant has presented no evidence that the <br />Thus, the language of the White Bear Ordinance <br />Town of White Bear discriminatorily enacted the <br />meets fully the requirement that a valid <br />ordinance specifically to suppress expression <br />government interest be served by the regulation <br />espousing opposition to abortion. To the contrary, <br />of expression. <br />the White Bear ordinance unequivocally prohibits <br />all targeted residential picketing regardless of the C. Narrow in Scope <br />content of speech and is, therefore, content <br /> In arguing that Ordinance No. 63 <br />neutral. See Ward, 491 U.S. at 791, 109 S.Ct. at <br />unconstitutionally sweeps too broadly, appellant <br />2754. <br />essentially claims that the ordinance is not <br />B. Valid Governmental Interestnarrow in scope. He raises two concerns: (1) the <br />ordinance, in using the word "activity" in <br /> In Ordinance No. 63, the Town of White Bear <br />describing targeted residential picketing, <br />specifically states that it has an interest in <br />protecting residential privacy. A similar Page 647 <br />significant governmental interest was <br />includes within the sweep of regulation activity <br />acknowledged in Frisby, 487 U.S. at 484, 108 <br />that is clearly protected by the First Amendment; <br />S.Ct. at 2502. The Court has long recognized that: <br />and (2) the ordinance, in prohibiting expression <br />Preserving the sanctity of the home, the one unless the dwelling's "occupant" consents, <br />retreat to which men and women can repair to extends beyond the protection of the unwilling <br />escape from the tribulations of their daily listener. We believe each of these challenges must <br />pursuits, is surely an important value. * * * The fail. <br />State's interest in protecting the well-being, <br /> "A statute is narrowly tailored if it targets and <br />tranquility, and privacy of the home is certainly of <br />eliminates no more than the exact source of the <br />the highest order in a free and civilized society. <br />'evil' it seeks to remedy." Frisby, 487 U.S. at 485, <br /> Carey, 447 U.S. at 471, 100 S.Ct. at 2295-96. 108 S.Ct. at 2503 (citing Taxpayers for Vincent, <br />Because the home is "the last citadel of the tired, 466 U.S. at 808-810, 104 S.Ct. at 2130-32). Even <br />the weary and the sick," Gregory v. City of a complete ban can be narrowly tailored if each <br />Chicago, 394 U.S. 111, 125, 89 S.Ct. 946, 954, 22 activity within the proscription's scope is an <br />L.Ed.2d 134 (1969) (Black, J., concurring), and is appropriately targeted evil. Id. <br />"one retreat to which men and women can repair <br /> Frisby held that the Brookfield ordinance was <br />to escape from the tribulations of their daily <br />narrowly tailored despite its complete ban on <br />pursuits," Carey, 447 U.S. at 471, 100 S.Ct. at <br />focused residential picketing. The "evil" of <br />2295, the government may legislate to protect <br />targeted residential picketing, the presence of an <br />intrusion into the privacy of the home of <br />unwelcome visitor at the home, which the <br />unwilling listeners. Frisby, 487 U.S. at 484, 108 <br /> <br />