The district court ultimately concluded that the Ordinance directly advanced all three of the city's asserted interests. But, the court indicated that the Ordinance had only a “tangible, if modest” impact on sidewalk congestion in the historic district.
And, though the district court found, based on City Manager Cooper's testimony, an appreciable reduction in litter after the Ordinance passed, we find Cooper's testimony to be devoid of a statement to that effect. Nonetheless, the statute still survives constitutional scrutiny, because the Supreme Court has indicated that direct advancement of even one substantial interest is sufficient to preserve a statute.
See Florida Bar v. Went For It, Inc., 515 U.S. 618, –––– n. 1, 115 S.Ct. 2371, 2376 n. 1, 132 L.Ed.2d 541. From our independent examination of the record, we conclude that Key West has satisfactorily established that the Ordinance directly advances the substantial interests of reducing pedestrian congestion and reducing harassment of pedestrians.