new
orleans
dukes
argued
november
decided
june
new
orleans
ordinance
prohibits
pushcart
food
sales
vieux
carre
french
quarter
grandfather
provision
exempts
pushcart
vendors
operated
quarter
eight
years
appellee
conducted
pushcart
business
less
time
brought
suit
district
challenging
application
grandfather
provision
denial
equal
protection
district
granted
appellant
city
motion
summary
judgment
appeals
finding
grandfather
provision
totally
arbitrary
irrational
method
achieving
city
conceded
authority
regulate
street
business
vieux
carre
preserve
quarter
values
tourist
attraction
relying
mainly
morey
doud
reversed
remanded
case
determination
severability
grandfather
provision
held
jurisdiction
appeal
authorizes
review
appeal
party
relying
state
statute
including
municipal
ordinance
held
unconstitutional
appeals
notwithstanding
whether
ordinance
whole
grandfather
clause
invalidated
unconstitutionality
definitely
finally
adjudicated
appeals
leaving
federal
issue
resolved
grandfather
provision
violate
equal
protection
clause
fourteenth
amendment
morey
doud
supra
overruled
wide
latitude
regulating
local
economies
local
economic
regulation
like
ordinance
aimed
solely
enhancing
vieux
carre
tourist
appeal
part
economy
new
orleans
challenged
violating
equal
protection
defers
legislative
determination
desirability
particular
statutory
discriminations
regulations
amount
invidious
discrimination
held
violate
equal
protection
clause
city
rationally
choose
initially
eliminate
recent
pushcart
vendors
absolutely
bar
pushcart
vendors
ground
newer
business
less
likely
built
substantial
reliance
interests
vieux
carre
two
vendors
qualified
grandfather
clause
become
part
distinctive
charm
quarter
joel
loeffelholz
argued
cause
appellants
brief
blake
arata
joseph
neves
marcal
iii
argued
cause
filed
brief
appellee
per
curiam
question
presented
case
whether
provision
new
orleans
ordinance
amended
excepts
ordinance
prohibition
vendors
selling
foodstuffs
pushcarts
vieux
carre
french
quarter
vendors
continuously
operated
business
within
vieux
carre
eight
years
prior
january
denied
appellee
vendor
equal
protection
laws
violation
fourteenth
amendment
appellee
operates
vending
business
pushcarts
throughout
new
orleans
carried
business
vieux
carre
two
years
ordinance
amended
barred
continuing
operations
previously
filed
action
district
eastern
district
louisiana
attacking
validity
former
version
ordinance
amended
complaint
challenge
application
ordinance
grandfather
clause
provision
denial
equal
protection
prayed
injunction
declaratory
judgment
summary
judgment
district
without
opinion
granted
appellant
city
motion
appeals
fifth
circuit
reversed
postponed
question
jurisdiction
hearing
merits
hold
jurisdiction
appellant
appeal
merits
reverse
judgment
appeals
vieux
carre
city
new
orleans
heart
city
considerable
tourist
industry
integral
component
city
economy
sector
plays
special
role
city
life
pursuant
louisiana
state
constitution
art
city
home
rule
charter
grants
new
orleans
city
council
power
enact
ordinances
designed
preserve
distinctive
charm
character
economic
vitality
chapter
code
city
new
orleans
sets
comprehensive
scheme
permits
conduct
various
businesses
city
code
amended
restrict
validity
many
permits
points
outside
vieux
carre
however
even
occupations
including
pushcart
food
vendors
banned
vieux
carre
seasons
mardi
gras
city
council
made
grandfather
provision
exception
two
pushcart
food
vendors
one
engaged
sale
hot
dogs
ice
cream
vendor
operated
vieux
carre
years
therefore
qualified
grandfather
clause
continued
operate
appeals
recognized
city
council
legitimate
authority
generally
regulate
business
conducted
public
streets
sidewalks
vieux
carre
order
preserve
appearance
custom
valued
quarter
residents
attractive
tourists
nevertheless
found
council
justification
grandfather
exception
insufficient
support
discrimination
imposed
thus
deprived
appellee
equal
protection
stating
expressly
decision
morey
doud
chief
guide
resolving
case
appeals
focused
exclusionary
character
ordinance
concomitant
creation
protected
monopoly
favored
class
member
pivotal
defect
statutory
scheme
perceived
fact
favored
class
members
need
continue
operate
manner
consistent
traditions
quarter
operator
fact
reason
believe
length
operation
instills
favored
licensed
vendors
likely
transient
operators
kind
appreciation
conservation
quarter
tradition
cause
operations
become
remain
consistent
tradition
factors
demonstrated
insubstantiality
relation
nature
discrimination
legitimate
governmental
interest
conserving
traditional
assets
vieux
carre
ordinance
declared
violative
equal
protection
applied
case
remanded
determination
severability
grandfather
clause
remainder
ordinance
question
jurisdiction
hear
appeal
need
detain
us
briefly
title
grants
jurisdiction
review
decisions
courts
appeals
appeal
party
relying
state
statute
held
appeals
invalid
repugnant
constitution
treaties
laws
however
argued
appeals
decision
final
doctrine
enunciated
slaker
involving
predecessor
statute
south
carolina
electric
gas
flemming
per
curiam
since
appeals
although
finding
statute
unconstitutional
applied
remanded
case
district
determination
severability
grandfather
provision
may
question
continuing
vitality
finality
requirement
context
unlike
jurisdictional
statutes
finality
provision
statute
see
doran
salem
inn
supra
chicago
atchison
supra
without
resolving
question
believe
finality
test
met
facts
case
unconstitutionality
ordinance
application
appellee
definitely
finally
adjudicated
appeals
question
remains
decided
remand
whether
statute
totally
invalidated
whether
grandfather
provision
struck
federal
much
less
constitutional
question
yet
resolved
policy
underlying
ensuring
state
laws
erroneously
invalidated
way
served
delay
adjudicating
constitutional
issue
presented
moreover
since
outcome
severability
question
moot
difficult
constitutional
issue
case
policy
avoiding
needless
constitutional
decisions
furthered
staying
hand
furthermore
extent
finality
requirement
context
might
premised
policies
avoiding
piecemeal
appeals
rendering
advisory
opinions
neither
difficulty
likely
eventuate
case
even
uphold
appeals
remand
determination
severability
grandfather
provision
state
law
ruling
remand
one
subject
review
hand
decision
rejecting
constitutional
challenge
statute
obviate
need
proceedings
bring
halt
continued
disruption
city
internal
economic
affairs
cf
generally
cox
broadcasting
cohn
accordingly
hold
appeal
properly
us
therefore
turn
merits
ii
record
makes
abundantly
clear
amended
ordinance
including
grandfather
provision
solely
economic
regulation
aimed
enhancing
vital
role
french
quarter
charm
economy
new
orleans
local
economic
regulation
challenged
solely
violating
equal
protection
clause
consistently
defers
legislative
determinations
desirability
particular
statutory
discriminations
see
lehnhausen
lake
shore
auto
parts
unless
classification
trammels
fundamental
personal
rights
drawn
upon
inherently
suspect
distinctions
race
religion
alienage
decisions
presume
constitutionality
statutory
discriminations
require
classification
challenged
rationally
related
legitimate
state
interest
accorded
wide
latitude
regulation
local
economies
police
powers
rational
distinctions
may
made
substantially
less
mathematical
exactitude
legislatures
may
implement
program
step
step
katzenbach
morgan
economic
areas
adopting
regulations
partially
ameliorate
perceived
evil
deferring
complete
elimination
evil
future
regulations
see
williamson
lee
optical
short
judiciary
may
sit
superlegislature
judge
wisdom
desirability
legislative
policy
determinations
made
areas
neither
affect
fundamental
rights
proceed
along
suspect
lines
see
lighting
missouri
local
economic
sphere
invidious
discrimination
wholly
arbitrary
act
stand
consistently
fourteenth
amendment
see
ferguson
skrupa
appeals
held
case
however
grandfather
provision
failed
even
rationality
test
disagree
city
classification
rationally
furthers
purpose
appeals
recognized
city
identified
objective
enacting
provision
means
preserve
appearance
custom
valued
quarter
residents
attractive
tourists
legitimacy
objective
obvious
city
council
plainly
objective
making
reasoned
judgment
street
peddlers
hawkers
tend
interfere
charm
beauty
historic
area
disturb
tourists
disrupt
enjoyment
charm
beauty
vendors
vieux
carre
heart
city
tourist
industry
might
thus
deleterious
effect
economy
city
therefore
determined
ensure
economic
vitality
area
businesses
substantially
curtailed
vieux
carre
totally
banned
suggested
grandfather
provision
allowing
continued
operation
vendors
totally
arbitrary
irrational
method
achieving
city
purpose
rather
proceeding
immediate
absolute
abolition
pushcart
food
vendors
city
rationally
choose
initially
eliminate
vendors
recent
vintage
gradual
approach
problem
constitutionally
impermissible
governing
constitutional
principle
stated
katzenbach
morgan
supra
guided
familiar
principles
statute
invalid
constitution
might
gone
farther
roschen
ward
legislature
need
strike
evils
time
semler
dental
examiners
reform
may
take
one
step
time
addressing
phase
problem
seems
acute
legislative
mind
williamson
lee
optical
nevertheless
relying
morey
doud
chief
guide
appeals
held
even
though
exemption
two
vendors
rationally
related
legitimate
city
interests
basis
facts
extant
ordinance
amended
grandfather
clause
still
stand
hypothesis
present
eight
year
veteran
pushcart
hot
dog
market
vieux
carre
continue
operate
manner
consistent
traditions
quarter
operator
without
foundation
actually
reliance
statute
potential
irrationality
morey
doud
dissenters
case
correctly
pointed
see
frankfurter
joined
harlan
dissenting
needlessly
intrusive
judicial
infringement
state
legislative
powers
concluded
equal
protection
analysis
employed
opinion
longer
followed
morey
case
last
half
century
invalidate
wholly
economic
regulation
solely
equal
protection
grounds
satisfied
decision
erroneous
morey
appellee
appeals
properly
recognized
essentially
indistinguishable
case
decision
far
departs
proper
equal
protection
analysis
cases
exclusively
economic
regulation
overruled
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
justice
stevens
took
part
consideration
decision
case
footnotes
vendors
continuously
operated
business
within
vieux
carre
authority
chapter
eight
years
prior
january
may
obtain
valid
permit
operate
business
within
vieux
carre
appellee
sales
particularly
summer
months
made
vieux
carre
jurisdiction
invoked
pursuant
equal
protection
violation
alleged
constitute
violation
see
generally
app
excerpts
comprehensive
study
plan
program
vieux
carre
demonstration
grant
department
housing
urban
development
ferguson
presented
analogous
situation
kansas
statute
excepted
lawyers
prohibition
statute
making
misdemeanor
person
engage
business
debt
adjusting
held
exception
lawyers
denial
equal
protection
stating
statute
exception
lawyers
denial
equal
protection
laws
nonlawyers
statutes
create
many
classifications
deny
equal
protection
invidious
discrimination
offends
constitution
state
kansas
wants
limit
debt
adjusting
lawyers
equal
protection
clause
forbid
omitted