Klein

Plaintiffs challenge the constitutionality of a residential picketing ordinance enacted by the Defendant San Diego County (“the County”). Because we conclude that the ordinance is not unconstitutional in every conceivable application and is not unconstitutionally vague, we affirm the district court’s order dismissing Plaintiffs’ constitutional claims.

I. Factual Background

In 2002, the County passed an ordinance to regulate the conduct of people wanting to picket in residential neighborhoods. The ordinance reads: “No person shall engage in picketing activity that is targeted at and is within three hundred (300) feet of a residential dwelling in the unincorporated areas of the County of San Diego.” San Diego County Code § 311.103. Violation of the ordinance is punishable as a misdemeanor. Id. § 311.104.

On September 13, 2003, Plaintiffs went to a residential neighborhood in an unincorporated area of San Diego County, a neighborhood that included the home of August Caires, General Manager of the Padre Dam Municipal Water District. During a water district board meeting, Deborah Baczynski, a water district employee, had ridiculed Joel Anderson, a member of the water district board…