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MMLU / A small town in the Northeast developed the biggest ice sculpture in the world…

Problem

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question

A small town in the Northeast developed the biggest ice sculpture in the world due to a massive snow, a deep freeze, and viral coverage on the social media. Hundreds of tourists poured into the area to work on the large block of ice. They made a gigantic ice palace for a variety of Disney princesses. To handle the needs of a great number of tourists, food vendors came from all over and set up their carts. To solve the problem of congestion, safety, and insufficient security, the town passed an ordinance restricting all street vendors to a specified parking lot area. The food vendors and others were losing money under the regulation. Would a commerce clause challenge to the parking lot requirement be successful by the food stand owners?

choices

  1. No, because there is a legitimate state or local interest here which is promoted by an even-handed procedure to control the flow of traffic for public safety, and the impact on commerce is incidental.
  2. No, because the food stands do not have a significant commerce clause claim in that they are still able to sell food, and what they do does not affect interstate commerce.
  3. Yes, because the state is interfering with the food cart owners' legitimate business operations, which impact heavily on interstate commerce.
  4. Yes, because the local interest is favored in a discriminatory manner against all of the food cart owners from other states.

subject

professional_law

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Source and history

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