City of New Orleans v. Dukes
Headline: New Orleans’ eight‑year vendor ‘grandfather’ exemption is upheld, reversing a lower court and overruling Morey, allowing the city to bar newer pushcart food sellers from the French Quarter.
Holding: The Court held that New Orleans’ eight‑year grandfather exception to a ban on pushcart food vendors does not violate equal protection because it is a rational way to protect the French Quarter’s character, and Morey was overruled.
- Allows cities to bar newer pushcart food vendors from historic districts.
- Permits long‑time vendors to continue operating under grandfather exemptions.
- Limits court interference with local economic rules by overruling Morey.
Summary
Background
A food vendor who had operated in New Orleans’ French Quarter for only two years challenged a 1972 city ordinance that banned many pushcart food sellers there but exempted vendors who had run the same business in the Quarter for eight or more years before January 1, 1972. The District Court granted the city’s motion; the Court of Appeals reversed, finding the grandfather exception violated equal protection. The city appealed under a federal statute allowing review of state laws held unconstitutional by a court of appeals.
Reasoning
The Supreme Court considered whether the grandfather clause denied equal protection. It described the ordinance as a local economic regulation aimed at preserving the French Quarter’s charm and tourist economy. The Court said that when a law only regulates the local economy and does not burden fundamental rights or involve suspect classifications (like race), courts should defer to legislative choices and require only a rational connection to a legitimate goal. The Court found the exemption rational: the city could reasonably phase out newer vendors while allowing long‑standing operators who had become part of the Quarter’s character. The Court also overruled its earlier decision in Morey, which had invalidated a similar economic regulation.
Real world impact
The decision lets New Orleans enforce its vendor limits and keep long‑time vendors in place while excluding newer sellers from the French Quarter. The Court reversed the appeals court’s equal protection ruling and sent the case back for further proceedings consistent with this opinion.
Dissents or concurrances
Justice Marshall agreed with the judgment; Justice Stevens did not participate in the decision.
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