Does the Garibaldi de Noche have First Amendment protections?

We agree with the plaintiff that the live entertainment at the Garibaldi de Noche falls into the category of expressive conduct, and therefore carries First Amendment protections. See Ward v. Rock Against Racism, 491 U.S. 781, 790 (1989). However, because the ordinance makes no reference to the kind of live entertainment subject to regulation, this is clearly a content-neutral restriction, subject to intermediate constitutional scrutiny. See Ward, 491 U.S. at 791 ("[T]he government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions 'are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.' ") (internal citation omitted).