What grounds if any would be likely used to strike down Minneapolis' red cars on Lake Street ban?
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  What grounds if any would be likely used to strike down Minneapolis' red cars on Lake Street ban?
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Author Topic: What grounds if any would be likely used to strike down Minneapolis' red cars on Lake Street ban?  (Read 1636 times)
I spent the winter writing songs about getting better
BRTD
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« on: March 04, 2024, 11:56:51 AM »

Minneapolis has a very strange and archaic law that specifically prohibits red cars from being driven on Lake Street, one of the major routes in south Minneapolis. Needless to say this is not enforced and probably never has been within the lifetime of any poster here.

But if it ever was enforced for some bizarre reason and thus was challenged in court...what would be the reasoning if any to strike it down? After all there are plenty of laws restricting certain vehicles from certain roads, although those are based on size and weight requirements, and Minneapolis also restricts all vehicles except buses and taxis (but not rideshares) from a street in downtown. But those aren't as arbitrary as restricted based on the vehicle color. However is it really a First Amendment right to drive a red car on all public streets? I can see the argument but it sounds kind of weird.

Is there some other standard that would strike down this law?
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David Hume
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« Reply #1 on: March 23, 2024, 07:25:46 AM »

Minneapolis has a very strange and archaic law that specifically prohibits red cars from being driven on Lake Street, one of the major routes in south Minneapolis. Needless to say this is not enforced and probably never has been within the lifetime of any poster here.

But if it ever was enforced for some bizarre reason and thus was challenged in court...what would be the reasoning if any to strike it down? After all there are plenty of laws restricting certain vehicles from certain roads, although those are based on size and weight requirements, and Minneapolis also restricts all vehicles except buses and taxis (but not rideshares) from a street in downtown. But those aren't as arbitrary as restricted based on the vehicle color. However is it really a First Amendment right to drive a red car on all public streets? I can see the argument but it sounds kind of weird.

Is there some other standard that would strike down this law?
Definitely not a first amendment violation. Can states ban someone from drinking water on a street? It's just a stupid law but not necessarily unconstitutional.
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Joe Republic
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« Reply #2 on: March 30, 2024, 12:20:59 AM »

What was the reason for it in the first place?
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Nathan
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« Reply #3 on: March 30, 2024, 10:18:28 PM »

What was the reason for it in the first place?

I'm wondering this as well.
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MarkD
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« Reply #4 on: April 01, 2024, 08:10:50 PM »
« Edited: April 02, 2024, 05:24:26 PM by MarkD »

If Robert Bork were still around, he would say that an ordinance that has long been unenforced, but then suddenly started being enforced for some reason, the first few people who get prosecuted should be allowed to go unpunished because of desuetude.

All of the current Supreme Court Justices would invoke substantive due process as a reason to strike it down if they simply don't like the ordinance.
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Ragnaroni
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« Reply #5 on: April 02, 2024, 02:46:43 AM »

Minneapolis has a very strange and archaic law that specifically prohibits red cars from being driven on Lake Street, one of the major routes in south Minneapolis. Needless to say this is not enforced and probably never has been within the lifetime of any poster here.

But if it ever was enforced for some bizarre reason and thus was challenged in court...what would be the reasoning if any to strike it down? After all there are plenty of laws restricting certain vehicles from certain roads, although those are based on size and weight requirements, and Minneapolis also restricts all vehicles except buses and taxis (but not rideshares) from a street in downtown. But those aren't as arbitrary as restricted based on the vehicle color. However is it really a First Amendment right to drive a red car on all public streets? I can see the argument but it sounds kind of weird.

Is there some other standard that would strike down this law?
Is it even enforced? New England has a lot of laws about how you're supposed to do the "act" but no one has enforced them since Buchanan was in office...
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I spent the winter writing songs about getting better
BRTD
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« Reply #6 on: April 02, 2024, 05:23:38 PM »
« Edited: April 02, 2024, 05:33:46 PM by they don't love you like i love you »

What was the reason for it in the first place?

I think it had something to do with illegal street racing. Street racers were commonly using red cars for visibility or something, so this supposedly made it easier to have cause to break up any.
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SInNYC
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« Reply #7 on: April 09, 2024, 08:56:07 PM »

I have heard this "law" too. But according to this site it is actually folklore but not a real law.
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