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MMLU-Pro / 1410 / For the past 20 years a city by the beach has been a popular location for…

Problem

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question

For the past 20 years a city by the beach has been a popular location for surfboarding. City residents have recently complained that the surfers are creating a public nuisance by littering the beaches, harassing sunbathers, and injuring swimmers with their surfboards. As a consequence, the city adopted an ordinance prohibiting all surfing on its beaches. The newly enacted ordinance further prohibited the sale of surfboards within the city's limits. An out of state surfboard manufacturer had planned to sell a new line of fiberglass surfboards in the city in the upcoming year. This is now precluded by the recently adopted measure. If the manufacturer seeks to enjoin application of the city ordinance, which of the following is the WEAKEST defense for the city?

category

law

options

  1. The case falls under the political question doctrine.
  2. The case is not ripe.
  3. The city has sovereign immunity.
  4. The city ordinance is narrowly tailored to serve a significant government interest.
  5. The city has a compelling interest in protecting beachgoers.
  6. The manufacturer has failed to exhaust administrative remedies.
  7. The manufacturer lacks standing.
  8. The manufacturer's case is moot.
  9. The manufacturer has not suffered any injury in fact.
  10. There is no case or controversy.

src

ori_mmlu-professional_law

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