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MMLU / The owner of a state-licensed massage parlor sued the state for arbitrarily…

Problem

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question

The owner of a state-licensed massage parlor sued the state for arbitrarily canceling its license and prior business permits to conduct a massage parlor at a given location in the city. Due to allegations of illegal activities in other massage parlors not affiliated with this owner, the city canceled the owner's personal license and revoked the business permits. The only information provided was a general notice from the city declaring a new policy on massage parlors that had to be rapidly instituted for the welfare of the community. She sued the city in federal court, claiming that her business had been taken without just compensation in violation of the Fifth Amendment takings clause. She claimed a lack of procedural due process under the Fourteenth Amendment. The court granted a motion to dismiss based on her not having a property interest that was affected, including in the license and permits. She appealed the decision. Will the federal Court of Appeals affirm the lower court dismissal of her case?

choices

  1. Yes, because there is no right to earning a living under the substantive due process clause.
  2. Yes, because the state interest in protecting the public from illegal activities required the state action that was taken.
  3. No, because once the parlor had opened with all the proper permits, it could not be deprived of its licenses for any reason until they were up for renewal.
  4. No, because she had a property right in her license and permits, which were taken without any procedural due process.

subject

professional_law

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Source and history

task_id
484e5409-429e-5fef-aadf-9044a72fa8ad
task_key
all--test--484e5409-429e-5fef-aadf-9044a72fa8ad
task_revision_id
1
config / split
all / test

Official source

initial import