Court Says Ban On Picketing Near Homes Survives Constitutional Challenge

In Bell v. City of Winter Park, (MD FL, March 6, 2013), a Florida federal district court upheld the constitutionality of an anti-picketing ordinance against free speech and free exercise claims. The law which bars picketing or protests within 50 feet of any dwelling was enacted after the president of Orlando's Planned Parenthood complained about shouting anti-abortion protesters carrying graphic signs in front of her house. The court held that this is a content-neutral time, place and manner regulation that does not violate free speech protections, and is a neutral generally-applicable law that survives a free exercise challenge.