Fact Pattern 4-3 Polly Owns a Restaurant Seating 150 People. She Just Learns

Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. 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, larger restaurants are important to the tax basis of the community and should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the ability of the restaurants to remain in business.
C) That under the substantially related test, owners of larger restaurants should expect to be inspected more often because products used in interstate commerce are invariably involved.
D) That under the common good test, large restaurants should be inspected more often in order to protect the community's tax base.
Answer: A

Correct Answer:

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