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

Question

Question below is based on the following fact situation.

Malibu is a small, picturesque Southern California beachtown. For the past twenty years, Malibu has been a popular location for surfboarding (a sport in which a person stands, kneels, or lies prone on a surfboard and rides the crest of a breaking wave). Malibu residents have recently complained that the surfers are creating a public nuisance by littering the beaches, harassing sun bathers and injuring swimmers with their surfboards. As a consequence, the Malibu Town Council adopted an ordinance prohibiting all surfing on its beaches. The newly enacted ordinance further prohibited the sale of surfboards within the township's limits.

Ocean Sports, a Florida surfboard manufacturer, had planned to sell a new line of fiberglass surfboards in Malibu in the upcoming year. This is now precluded by the recently adopted measure. If Ocean Sports seeks to enjoin application of the Malibu ordinance, which of the following is the WEAKEST defense for the township?

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

  1. A
    Correct Answer
    There is no case or controversy.
  2. B
    Correct Answer
    Hobie's case is moot.
  3. C
    Correct Answer
    Hobie lacks standing.
  4. D
    Correct Answer
    The case is not ripe.
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