Laserfiche WebLink
State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) <br />length of time" or "one who resides in a place, one be persuaded to stay away. Such an individual <br />who dwells in a place for a period of some would be just as much captive as if in the home <br />duration." Webster's Third New International when the focused picketing commenced. See <br />Dictionary 1931 (1961). "Resident" is also defined Frisby, 487 U.S. at 488, 108 S.Ct. at 2504. <br />as "one who resides in a particular place <br /> The targeted picketing ordinance of the Town <br />permanently or for an extended period." <br />of White Bear is narrowly tailored to protect <br />American Heritage Dictionary of the English <br />unwilling occupants of a single residential <br />Language 1535 (3d ed. 1992). <br />dwelling. The ordinance eliminates no more than <br /> In view of the recognized definitions of the exact source of the "evil" it <br />"resident" and "occupant," we believe that <br />Page 649 <br />"occupant," as used in the White Bear ordinance, <br />means an individual with a legal right to possess <br />seeks to remedy. See id. at 485, 108 S.Ct. at 2503. <br />or to control the single residential dwelling. A <br />guest, visitor, or contractor would not come <br />D. Alternative Means of Expression <br />within the definition of "occupant" because those <br />persons would not have some legal right to <br /> The Frisby Court, after narrowly construing <br />possess or control the residence. Whether the <br />the Brookfield, Wisconsin, ordinance "to prohibit <br />ordinance used "resident" or "occupant," its <br />only picketing focused on, or taking place in front <br />protection would extend to those other than a fee <br />of, a particular residence," id. at 482, 108 S.Ct. at <br />owner and would cover those who had some legal <br />2501, had no difficulty in determining that the <br />right to possess or control the residence. <br />ordinance left open alternative channels of <br />communication. The Court held that the <br /> Our interpretation of "occupant" as one who <br />ordinance did not prohibit general marching <br />has some legal right to possess or control the <br />through neighborhoods, walking a route in front <br />premises answers, we believe, appellant's <br />of an entire block of houses, or distributing <br />concerns that the White Bear ordinance is not <br />literature door-to-door or through the mail. Id. at <br />narrowly enough drafted to protect only <br />483, 108 S.Ct. at 2502. <br />"unwilling" listeners. The words "unless the <br />occupant consents" inform the potential <br /> We agree with the Town of White Bear that <br />defendant that one not having the status of an <br />Ordinance No. 63 permits general dissemination <br />"occupant," even though that one be a "willing" <br />of ideas protected by the First Amendment. <br />listener, has no power to consent. <br />Because the prohibition is limited to targeted <br />picketing focused on and taking place in front of a <br /> We also reject appellant's argument that the <br />single residential dwelling, picketers may enter, <br />ordinance is overbroad because it would be <br />alone or in groups, residential White Bear <br />violated regardless of whether the occupant was <br />neighborhoods, march the public streets, <br />home. Whether or not an occupant is home, the <br />distribute literature, and go door-to-door to <br />government has an interest in prohibiting <br />proselytize their views. Sufficient alternative <br />targeted residential picketing that invades the <br />channels of communication remain open under <br />sanctity of the home. To somehow justify the <br />Ordinance No. 63, as fully as they did under the <br />intrusion simply because the resident is not home <br />Brookfield, Wisconsin, ordinance found to be <br />would be to say that the "evil" of targeted <br />constitutional in Frisby. See id. <br />residential picketing only results if someone is <br />home. Although we recognize that the ordinance <br /> In summary, the Town of White Bear has <br />is intended to protect residential privacy and <br />demonstrated the need for Ordinance No. 63. See <br />recipients unwilling to receive the <br />Goward, 456 N.W.2d at 464. The ordinance is <br />communication, an occupant returning home to <br />content-neutral, narrowly tailored to promote a <br />find picketers focused on his or her home might <br /> <br />