Having determined that § 62–79 is content-neutral, we consider whether it withstands intermediate scrutiny. We readily conclude that it does. Section 62–79 serves the same governmental interests the Supreme Court approved of in
Frisby. Moreover, § 62–79 is narrowly tailored to achieve those ends. Like the ordinance in
Frisby, “[t]he type of picketers banned by the [Winter Park] ordinance generally do not seek to disseminate a message to the general public, but to intrude upon the targeted resident, and to do so in an especially offensive way.”
See Frisby, 487 U.S. at 486, 108 S.Ct. at 2503. And, as the Supreme Court noted, “even if some such picketers have a broader communicative purpose, their activity nonetheless inherently and offensively intrudes on residential privacy.”
Id. Finally, § 62–79 leaves open alternative channels of speech. Like the protestors in
Frisby, the Plaintiffs remain free to march, to proselytize, and to distribute literature within 50 feet of the dwelling unit. They can even picket. If their picketing does not target a particular person, group of persons, or type of person who resides in the dwelling unit, they can continue to engage in general picketing within the buffer area. Moreover, so long as the Plaintiffs remain 51 feet away from a dwelling unit, they remain at liberty to engage in targeted picketing.
Section 62–79 goes further than the one in
Frisby, as the Winter Park City Manager is required, on application, to make City-owned land reasonably near or abutting a residential area available for protest or picketing. The District Court's dismissal of Plaintiffs' challenge to § 62–79 was proper.