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.
Solution
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
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.
Solution
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
