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40. What is the farmer's best argument that the ordinance is unconstitutional?
To encourage urban farming, a city ordinance requires vegetables sold at farmers' markets in the city to have been grown within the city limits. A farmer who grows vegetables on land in a nearby state wants to sell those vegetables at a farmers' market in the city. The farmer has challenged the ordinance on constitutional grounds.
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B is incorrect. This choice states the elements of heightened scrutiny for an individual rights claim, but none of the factors that support heightened scrutiny for such a claim are present here. In the absence of a burden on interstate commerce or impingement on some fundamental right or suspect class, a law needs only a rational basis connecting it with a legitimate government interest.
C is incorrect. The law at issue is facially discriminatory and therefore not subject to the «undue burden» test. In addition, the facts presented are insufficient to indicate whether the ordinance would pass this test.
D is incorrect. The right to travel does not protect the right to engage in commercial enterprises while temporarily present in a state. Thus, an argument that the ordinance impinges on the farmer's right to travel does not suffice to render the ordinance unconstitutional.