You live in a city by the name of Superior. Superior adopted Ordinance 56 stating the following:
“Speech in any form, which arouses anger in another and that infers racist thoughts, is prohibited.”
Mr. and Mrs. Frank own a restaurant and bar called “Ceg-Greg Forever” in Superior. The restaurant is known for its unique menu where all the food and beverage items are white in color such as mashed potatoes, white corn and grits, 5 different varieties of white fish, baked onions, white beans and chicken, egg white omelets, coconut cream pudding and grilled cauliflower. Food critics love Ceg-Greg and gave it their highest rating of all the restaurants and bars in Superior. For bar items, they serve 25 kinds of white wine, gin, tequila or vodka cocktails. To advertise and market their restaurant, the Franks hired a local person of color artist to paint the emblem on a sign next to the door. The size of the emblem is large because the owners wanted the community to see the restaurant due to the tree-lined street. The local artist was happy that this emblem was so large that no one could miss it walking or driving.
Soon after the restaurant opened, complaints started to come in to the Mayor’s office. The City Attorney charged the Franks in violation of Ordinance 56. The City alleges that the emblem on the sign infers racist thoughts and has angered the community.
The emblem: F2021 CEGGREG EMBLEM.pdf
Questions for Mid-Term
1. What is the City Attorney’s best argument?
2. Using the McCullen case, how does Ordinance 56 constitutionally compare with the 2007 Amendment to the Reproductive Health Care Facilities Act?
3. What are the Frank’s constitutional defenses to these charges under Ordinance 56?