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

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Question below is based on the following fact situation.

Route 66, a state highway, runs through the center of the City of Maplewood's business district. As Route 66 passes through this business district, there is a stretch where the highway is too narrow to satisfy the safety standards for state roadways. Along this narrow stretch and on opposite sides of the street are located two taverns. Situated on the east side of the street is the Rendezvous Bar and Grill and directly across the street on the west side of the highway is the Hideout Lounge.

In order to comply with state highway regulations, the state highway department, acting pursuant to state statute, ordered the city of Maplewood to prohibit parking on one side of Route 66 within the business district. The Maplewood City Council convened a special meeting to determine whether parking should be prohibited on the east or west side of the street. During the meeting the City Council was unable to resolve the issue. Finally, Marge Schotte, City Council President, decided the only fair way to resolve the matter was by means of a coin flip. After the coin flip, the City Council prohibited parking at all times on the west side of the highway. On account of this decision, parking in front of the Hideout Lounge was permanently prohibited. This caused the Hideout Lounge to suffer a substantial decline in business because of the unavailability of on-street parking.

As a consequence, the owner of the Hideout Lounge brought suit against the Maplewood City Council alleging that the parking ban on his side of the street was unconstitutional. In all likelihood will the plaintiffbe successful in this cause of action?

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

  1. A
    Correct Answer
    No, because as a governmental entity, the city of Maplewood enjoys immunity from such suits under the Eleventh Amendment.
  2. B
    Correct Answer
    No, because the action of the city of Maplewood was reasonable.
  3. C
    Correct Answer
    Yes, because the owners of businesses on the two sides of the highway are not being treated equally, so the action of the city violated the equal protection clause of the Fourteenth Amendment.
  4. D
    Correct Answer
    Yes, because responsible government officials cannot formulate policy by means of coin flips.
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