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State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) <br />significant government interest, and leaves open facie showing of a violation of the ordinance. The <br />alternative means of communication. See Perry, ordinance, therefore, does not give the <br />460 U.S. at 45, 103 S.Ct. at 955. Neither the government unbridled discretion to arbitrarily or <br />selection of the word "occupant" nor the concept discriminatorily enforce the ordinance. See id. <br />of "activity" as narrowly construed here causes Ordinance No. 63 provides fair notice that all <br />the ordinance to be substantively overbroad targeted residential picketing is prohibited. The <br />under Broadrick. Under Frisby, White Bear ordinance is not void for vagueness. <br />Ordinance No. 63 is a facially constitutional <br />DECISION <br />governmental regulation of the time, place or <br />manner of speech. <br /> Town of White Bear, Minn., Ordinance No. <br />63 is facially constitutional. <br />II. <br /> Affirmed. <br /> Finally, appellant contends that Town of <br />White Bear Ordinance No. 63 is void for <br />--------------- <br />vagueness. We disagree. The void-for-vagueness <br />doctrine, based upon due process, <br />1 In 1990, the Town of White Bear enacted an <br />ordinance regulating targeted residential <br />requires that a penal statute define the criminal <br />picketing. The ordinance, in full, provided as <br />offense with sufficient definiteness that ordinary <br />follows: <br />people can understand what conduct is prohibited <br />and in a manner that does not encourage <br />SECTION 1. DEFINITION. For the purpose of <br />arbitrary and discriminatory enforcement. <br />this Ordinance, "targeted residential picketing" <br />means an activity focused on a single residential <br /> Kolender v. Lawson, 461 U.S. 352, 357, 103 <br />dwelling without the consent of the dwelling's <br />S.Ct. 1855, 1858, 75 L.Ed.2d 903 (1983). In the <br />occupant. <br />First Amendment context, the Court has "taken <br />special care to insist on fair warning when a <br />SECTION 2. TARGETED RESIDENTIAL <br />statute regulates expression." Marks v. United <br />PICKETING. The Town of White Bear has an <br />States, 430 U.S. 188, 196, 97 S.Ct. 990, 995, 51 <br />interest in the protection of residential privacy <br />L.Ed.2d 260 (1977). <br />within the Town of White Bear and protecting the <br />well-being, tranquility and privacy of the home <br /> Here, the ordinance prohibits all targeted <br />which is certainly of the highest order in a free <br />residential picketing unless the occupant of a <br />and civilized society. The Town Board of the Town <br />single residential dwelling has consented. <br />of White Bear further finds that, without resorting <br />Although appellant attempts to argue the <br />to targeted residential picketing, ample <br />ordinance is vague because a picketer will never <br />opportunities exist for those otherwise engaged in <br />know if an occupant will object to the content of <br />targeted residential picketing to exercise <br />the message, the language of the ordinance is <br />constitutionally protected freedom of speech and <br />clear and unambiguous. Because of the particular <br />expression. <br />intrusiveness that results from targeted <br />residential picketing, such picketing is presumed <br />SECTION 3. PROHIBITED. No person shall <br />to be without the consent of the occupant and the <br />engage in targeted residential picketing within the <br />ordinance sufficiently gives notice to picketers <br />Town of White Bear. <br />that focused picketing on a residence is prohibited <br />under the law. See Kolender, 461 U.S. at 357, 103 <br />SECTION 4. PENALTY. Every person convicted of <br />S.Ct. at 1858. Should an occupant consent to the <br />a violation of any provision of this Ordinance <br />picketers' presence before his or her residence, <br />shall be punished as provided in Ordinance No. <br />the municipality will be unable to make a prima <br />26. <br /> <br />