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2021-01-27 CC Packet
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2021-01-27 CC Packet
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State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) <br />ordinance sought to eliminate was "created by the distribution of materials to neighborhood <br />medium of expression itself." Id. at 487, 108 S.Ct. residents, or solicitation by mail or in person. <br />at 2504. Frisby noted that the Brookfield <br /> Appellant also argues that the White Bear <br />ordinance was narrowly directed at the <br />ordinance is not tailored narrowly enough to <br />household, not the public, and thus distinguished <br />4 <br />protect only unwilling listeners in <br />cases which had struck down complete bans of <br />communication such as handbilling, solicitation, <br />Page 648 <br />and marching, which communications were <br />directed at broader residential areas. <br />their homes, and that by extending protection to <br />"occupants" rather than to "residents" the <br />The type of picketers banned by the Brookfield <br />ordinance is unconstitutionally overbroad and <br />ordinance generally do not seek to disseminate a <br />vitiates any possibility of narrow construction. We <br />message to the general public, but to intrude upon <br />disagree. We believe the word "occupant," as used <br />the targeted resident, and to do so in an especially <br />in the ordinance, has a narrower definition than <br />offensive way. <br />5 <br />appellant urges, and makes the White Bear <br />ordinance no broader than the one held <br /> Id. at 486, 108 S.Ct. at 2503. <br />constitutional in Frisby. <br /> The White Bear ordinance, like the Brookfield <br /> An "occupant" is a person "having possessory <br />ordinance in Frisby, is "readily subject to a <br />rights, who can control what goes on on <br />narrowing construction that avoids constitutional <br />premises." Black's Law Dictionary 1078 (6th ed. <br />difficulties." See id. at 482, 108 S.Ct. at 2501. In <br />1990). Black's Law Dictionary also defines <br />construing the Brookfield ordinance, the Court <br />"occupant" as "\[o\]ne who has actual use, <br />stated: <br />possession or control of a thing." Id. Webster's <br />\[T\]he use of the singular form of the words defines "occupant" as <br />"residence" and "dwelling" suggests that the <br />one who takes possession of something that has <br />ordinance is intended to prohibit only picketing <br />no other owner and thereby acquires title by <br />focused on, and taking place in front of, a <br />occupancy * * * one who takes possession under <br />particular residence. * * * "Picketing," after all, is <br />title, lease, or tenancy at will * * * one who <br />defined as posting at a particular place, a <br />occupies a particular place or premises \[such as a\] <br />characterization in line with viewing the <br />tenant \[or a\] resident. <br />ordinance as limited to activity focused on a <br />singular residence. <br /> Webster's Third New International <br />Dictionary 1560 (1961). Similarly, an "occupant" <br /> Id. (emphasis added) (citing Webster's Third <br />is <br />New International Dictionary 1710 (1981) to <br />define picketing as "posting at a particular <br />one that occupies a position or place * * * one who <br />place"). <br />has certain legal rights to or control over the <br />premises occupied. <br /> Similarly, Ordinance No. 63 was not intended <br />2 <br />to circumscribe all "activity," but only activity <br /> American Heritage Dictionary of the English <br />constituting picketing in the focused sense. We <br />Language 1251 (3d ed. 1992). <br />interpret the White Bear ordinance in a limited <br />fashion to proscribe only "picketing activity" <br /> "Resident," on the other hand, means a <br />focused on or taking place in front of a particular <br />"dweller, habitant or occupant." Black's Law <br />3 <br />single residential dwelling. See id. So narrowed, <br />Dictionary 1309 (6th ed. 1990). Webster's defines <br />the ordinance would not prohibit constitutional <br />"resident" as "having an abode for a continued <br /> <br />
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