Legal Opinion
Silvio Membreno v. City of Hialeah
District Court of Appeal of Florida
Decided March 9, 2016No. 3D14-2603PublishedCited by 7 opinions
1Opinion of the CourtLogue, J.
Silvio Membreno and the Florida Association of Vendors, Inc. (collectively, “the Street Vendors”) appeai the decision of the trial court upholding the constitutionality of the City of Hialeah’s 2013 amendments to its ordinance governing street vendors. We affirm on all points raised. In light of Estate of McCall v. United States, 134 So.3d 894 (Fla.2014), we write to clarify the scope of the rational basis test used to review whether laws violate the substantive due process provision of Florida’s Declaration of Rights.
FACTS
The Street Vendors challenge two provisions of the City of Hialeah’s…
2Cases cited45 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
- Lochner v. New YorkSupreme Court of the United States · 1905
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3Cited by7 opinions
- Herbits v. City of MiamiDistrict Court of Appeal of Florida · 2016
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- Darryl Newman v. Consolidated Dispatch AgencyCourt of Appeals for the Eleventh Circuit · 2018
- Ricketts and Carroll v. Village of Miami Shores, FloridaDistrict Court of Appeal of Florida · 2017
- SUPPORT WORKING ANIMALS INC v. DESANTISDistrict Court, N.D. Florida · 2020
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