The City of Chicago in the state of Illinois passed an ordinance that banned spray paint in the city as a means to reduce graffiti. Townsend Paint Suppliers, a huge spray paint provider from Michigan, sued the City of Chicago stating that the new ordinance violated the dormant commerce clause. Is Townsend Paint Suppliers correct? Yes, this is a violation but a federal court would most likely find that the commerce clause was violated instead of the dormant commerce clause. No, the ordinance violates the First Amendment not the dormant commerce clause. No, this is a federal commerce clause violation and does not deal with any state interests. No, the legislation does not treat paint suppliers from out of state any differently than paint suppliers within the state and would be proper exercise of a state's police powers. Yes, this is a violation of the dormant commerce clause.
The City of Chicago in the state of Illinois passed an ordinance that banned spray paint in the city as a means to reduce graffiti. Townsend Paint Suppliers, a huge spray paint provider from Michigan, sued the City of Chicago stating that the new ordinance violated the dormant commerce clause. Is Townsend Paint Suppliers correct? Yes, this is a violation but a federal court would most likely find that the commerce clause was violated instead of the dormant commerce clause. No, the ordinance violates the First Amendment not the dormant commerce clause. No, this is a federal commerce clause violation and does not deal with any state interests. No, the legislation does not treat paint suppliers from out of state any differently than paint suppliers within the state and would be proper exercise of a state's police powers. Yes, this is a violation of the dormant commerce clause.
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