Bar Exam (US) Constitutional law: Question below is based on the following fact situation. In th...

Question

Question below is based on the following fact situation.

In the secluded Parrish of Perezville, where prejudice festers and discrimination flourishes, there is a lovely lake which the Parrish has developed and maintained for recreational purposes. Although it is not the only lake in Perezville, it is the largest and most scenic and it attracts visitors from miles around. One of its biggest assets is the excellent fishing and boating which is available to the public at large.

Three years ago, in order to enhance the recreational aspects of the lake, the Parrish leased a sizable portion of the lake and surrounding parkland to a company, owned by the most prominent family in Perezville, namely Discrima-Boating, Inc. The lease required Discrima-Boating, Inc., to construct and operate a first-rate yacht-house and club, complete with bar, restaurant and private marina, and to pay the Parrish 10% of its net profits as rent. Discrima-Boating, Inc., set up by-laws, which were reviewed and approved by the Parrish at the time the lease was negotiated. According to the by-laws, the yacht-club, complete with its restaurant and bar, would be open to "members only," and the membership committee would be empowered to set strict membership "standards" as well as the cost of membership fees and dues.

Upon completion of the facilities, the State Liquor Control Board granted Discrima-Boating, Inc., a license to sell alcoholic beverages in its restaurant and bar. The membership committee announced that the membership fee would be $5000.00 and the monthly dues would be $75.00 per month. Furthermore, the membership committee had a policy of only approving membership applications for White- Anglo-Saxon-Men, while disapproving and denying all applications of Women, Blacks, and other minorities.

A Black resident of Perezville, upon denial of membership, brings an action against Discrima-Boating, Inc., seeking injunctive relief to compel his admission, claiming that denial of membership to Blacks violates his right to equal protection. Which of the following statements is most accurate?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Discrima-Boating, Inc. will prevail, because its denial of membership to Blacks lacks the requisite "state action."
  2. B
    Correct Answer
    Plaintiffwill win, because even though Discrima- Boating, Inc. is a privately owned corporation, the state has affirmatively encouraged or facilitated its discriminatory acts.
  3. C
    Correct Answer
    Discrima-Boating, Inc. will win because plaintifflacks standing to assert the rights of Blacks as a group.
  4. D
    Correct Answer
    Plaintiffwill win, unless denial of membership to Blacks can be justified by some "rational basis."
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