(solution) Assume that the resort town of Ocean View passed a law imposing

Assume that the resort town of Ocean View passed a law imposing an extra tax on boardwalk food businesses that used plastic cups, plates or utensils. Plastic litter costs the town more to dispose of and it wants to pass this cost on to the merchants. Fran Fries, a boardwalk food vendor, claims that the law is denying her equal protection of the law. Which of the following tests will the court apply in deciding this case?

Is the law rationally related to a legitimate government interest?

Is the law necessary for a compelling state interest?

Is the law substantially related to an important government interest?

Is the law in violation of the dormant commerce clause?

 

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Sep 13, 2020

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