Fact Pattern 4-3 Polly Owns Restaurant Which Seats 50 People.She Just Learns of Just

Fact pattern 4-3
Polly owns restaurant which seats 50 people.She just learns of a newly enacted city law in her jurisdiction requiring that all restaurants,but not other businesses,pay a special tax allocated to the health department to be used for inspections of restaurants.She also learned that Frank,the local mayor who recently went through a nasty divorce,was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men.Polly is angry about both laws and wants to take action to have them struck down.
-Refer to fact pattern 4-3.Which of the following would be the city's best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

A) That under the rational basis test,inspections by the health department are needed in order to guard against food-borne illnesses.
B) That under the strict scrutiny test,restaurants should be expected to pay certain fees because they are a non-essential service.
C) That under the intermediate-level scrutiny test restaurants should be expected to pay certain fees because products used in interstate commerce are invariably involved.
D) The city does not have a good argument because there is no justification for the distinction under the intermediate-level scrutiny test.

Correct Answer:

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