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State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993) <br />Page 641 Thomas W. Strahan, Minneapolis, for <br />appellant. <br />506 N.W.2d 641 <br />STATE of Minnesota, Respondent, Considered and decided by HUSPENI, P.J., <br />v.and SCHUMACHER and KLAPHAKE, JJ. <br />Leo CASTELLANO, Appellant. <br />OPINION <br />No. C4-93-356. <br />Court of Appeals of Minnesota. <br /> HUSPENI, Judge. <br />Sept. 28, 1993. <br /> Appellant, convicted of violating a township <br />Page 643 <br />ordinance that prohibits targeted residential <br />picketing, facially challenges the constitutionality <br />Syllabus by the Court <br />of the ordinance on the grounds of overbreadth <br /> 1. A municipal targeted residential picketing <br />and vagueness. We affirm. <br />ordinance is a constitutionally valid time, place, <br />FACTS <br />or manner regulation of expression in a public <br />forum if the ordinance is content-neutral, <br /> On August 24, 1991, approximately 20 men <br />narrowly tailored to serve a significant <br />and women were picketing in the area of 5758 <br />government interest, and leaves open ample <br />Meadowview Drive in the Town of White Bear. <br />alternative channels of communication. <br />Several of the individuals carried graphic signs <br />depicting aborted fetuses. Thomas Webber, <br /> 2. A municipal targeted residential picketing <br />Executive Director of Planned Parenthood of <br />ordinance that defines targeted residential <br />Minnesota, who resides at 5758 Meadowview <br />picketing as an "activity focused on a single <br />Drive, called the Ramsey County Sheriff's <br />residential dwelling without the consent of the <br />Department to report the noise and disruption <br />dwelling's occupant" is not unconstitutionally <br />caused by the protestors. <br />overbroad under the First Amendment or Frisby <br />v. Schultz, 487 U.S. 474, 108 S.Ct. 2495, 101 <br /> A sheriff deputy arrived at 5758 Meadowview <br />L.Ed.2d 420 (1988), when activity is narrowly <br />Drive and talked to Webber. Webber told the <br />construed to mean solely "picketing activity." <br />deputy that appellant Leo Castellano <br /> 3. A municipal targeted residential picketing <br />Page 644 <br />ordinance is not void for vagueness where the <br />ordinance provides sufficient notice that all <br />had stood directly in front of his residence for <br />targeted residential picketing is prohibited <br />approximately 30 minutes and shouted "Tom <br />"without the consent of the dwelling's occupant." <br />Webber in his hour of death" and "Pray for us <br />The ordinance's consent provision provides a <br />sinners now and in the hour of Tom Webber's <br />defense to a municipality's prima facie case that <br />hour of death" numerous times loudly enough to <br />focused residential picketing violated the <br />disrupt Webber and several other neighborhood <br />ordinance. Under the ordinance, an "occupant" is <br />residents. <br />a person with a legal right to control or to possess <br />the single residential dwelling. <br /> The deputies informed the group that they <br />would be arrested if they continued to picket in <br /> Hubert H. Humphrey, III, Atty. Gen., Martin <br />front of Webber's residence on Meadowview <br />J. Costello, Hughes & Costello, St. Paul, John G. <br />Drive. The protestors reluctantly dispersed after <br />Dillon, Minneapolis, for respondent. <br />the deputy told them he would not debate the <br />legal issues involved and took photographs of the <br /> <br />