Toups v. City of Shreveport
Louisiana Court of Appeal
1DissentCaraway, J.
11 This case concerns the legislative vote of the elected representatives of the Shreveport City Council for the regulation of the retail selling of alcoholic beverages. Using inappropriate standards of review for a legislative enactment with an obvious public welfare concern, the majority requires the decision of the elected council to *421demonstrate a heavy “substantial relationship” for protecting the public safety and welfare, and then easily strikes down the council’s safety concerns as “arbitrary and capricious.” I believe the appropriate standard of judicial review is a minimal…
2Cases cited21 opinions
- Village of Willowbrook v. OlechSupreme Court of the United States · 2000
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
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