Here is a situation for Don and Joan who are partners for a vending cart busines

Question

Here is a situation for Don and Joan who are partners for a vending cart business, which sells hotdogs on the street. Joan and Don received a mailed notice from the City of Richmond informing them that, due to a new City Ordinance brought about because of excessive traffic flow, licensed street vendors would no longer be able to set up in the immediate downtown area of Richmond. The city passed the ordinance at the last city council meeting without prior notice of any kind. Vendors could only sell their wares in a concentric circle some 15 blocks from the main street of Richmond. Define the constitutional law theory that would help Joan and Don to defeat the law and its application to their business.

Explanation / Answer

Don and Joan can defend their case by arguing that the main street is the best location for them to sell hotdogs where cars and other vehicles passing can pause for a moment and buy one to eat.The maximum area they cover is 10 sq feet which is less than even that occupied by a car hence they contribute very little to the traffic congestion.Taking them off to a different block wil not only increase competition but also deprive them of their regular customers who were habituated to their earlier place.They can further defeat the law by using the constitutional law theory according which without prior legal notice no shop or vendor can be moved forcefully

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