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

Question

Question below is based on the following fact situation.

The Women's Action Force of Steelham City, hereafter referred to as WAF, attempted for many months, unsuccessfully, to reach an agree ment with the local professional men's club, the Downtown Club, to admit women to membership. On September 1, 2002, WAF leaders instituted a suit in state court asserting that the Downtown Club was violating the State's Anti-Discrimination Act. On September 15, 2002, WAF filed another suit, in federal court, contending that the Downtown Club's policies violate federal statutory and constitutional provisions.

On October 1, 2002, prior to the elections for city officials, four WAF members were sent to picket the City Hall offices of Mayor O'Reilly and District Attorney Mason, who were prominent members of the Downtown Club. Two members walked outside the front of the building where the Mayor's Office was located carrying signs which read: "Mayor O'Reilly is supposed to serve all the people but his lunch club is for men ONLY. So don't vote for O'Reilly." The other two pickets walked outside the rear of the building where D.A. Mason's Office was located, carrying similar signs, telling the public not to vote for Mason. This picketing was carried on from 9 A.M. to 5 P.M.

The same day, two more pickets were assigned to carry identical signs in front of "Blueberry Hill," the Mayor's official residence. Two pickets also carried duplicate signs in front of Mason's suburban home in Steelham Gardens during the early evening hours. The picketing at all sites was carried on peacefully without any disturbances. The relevant Steelham ordinances concerning picketing read as follows:

"Section 201. No picketing shall be permitted inside of, or on any sidewalk or street immediately adjacent or contiguous to, City Hall, without express permission of the Mayor. Applications for such permission shall be filed at least three days before such picketing is intended to begin and shall state the purpose, place and time of the proposed picketing.

Section 202. It shall be unlawful for any person to engage in picketing before or about the residence of an individual. Nothing herein shall be deemed to prohibit the holding of a meeting or assembly on any premises used for the discussion of subjects of general public interest."

The federal district court will mostly likely avoid decision on the merits of the WAF suit for declaratory judgment because

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

  1. A
    Correct Answer
    the case lacks adequate ripeness
  2. B
    Correct Answer
    there is no case or controversy
  3. C
    Correct Answer
    the federal court should abstain until the state court rules on the suit before it
  4. D
    Correct Answer
    WAF lacks standing
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