context: To the extent Plaintiffs are challenging the City ordinances on the ground that they impermissibly distinguish between MFUs and free-standing restaurants, Plaintiffs' challenge fails. First, the City's decision to distinguish MFUs from freestanding restaurants is fully acceptable under the Constitution.
citation_a.signal: see
citation_a.parenthetical: "It is primarily for the State to select the kinds of businesses which shall be the subjects of regulation, and if the business affected is one which may be properly the subject of such legislation, it is no valid objection that similar regulations are not imposed upon other businesses of a different kind."
citation_a.sentence: See, e.g., Lieberman v. Van De Carr, 199 U.S. 552, 563, 26 S.Ct. 144, 50 L.Ed. 305 (1905) (“It is primarily for the State to select the kinds of businesses which shall be the subjects of regulation, and if the business affected is one which may be properly the subject of such legislation, it is no valid objection that similar regulations are not imposed upon other businesses of a different kind.”); see also New Orleans, 427 U.S. at 303, 96 S.Ct. 2513 (“States are accorded wide latitude in the regulation of their local economies under their police powers, and rational distinctions may be made with substantially less than mathematical exactitude.”); Zucht v. King, 260 U.S. 174, 176, 43 S.Ct. 24, 67 L.Ed. 194 (1922) (“[I]n the exercise of the police power reasonable classification may be freely applied and that regulation is not violative of the equal protection clause merely because it is not all-embracing.”).
citation_b.signal: see also
citation_b.identifier: 260 U.S. 174, 176
citation_b.parenthetical: "[I]n the exercise of the police power reasonable classification may be freely applied and that regulation is not violative of the equal protection clause merely because it is not all-embracing."
citation_b.sentence: See, e.g., Lieberman v. Van De Carr, 199 U.S. 552, 563, 26 S.Ct. 144, 50 L.Ed. 305 (1905) (“It is primarily for the State to select the kinds of businesses which shall be the subjects of regulation, and if the business affected is one which may be properly the subject of such legislation, it is no valid objection that similar regulations are not imposed upon other businesses of a different kind.”); see also New Orleans, 427 U.S. at 303, 96 S.Ct. 2513 (“States are accorded wide latitude in the regulation of their local economies under their police powers, and rational distinctions may be made with substantially less than mathematical exactitude.”); Zucht v. King, 260 U.S. 174, 176, 43 S.Ct. 24, 67 L.Ed. 194 (1922) (“[I]n the exercise of the police power reasonable classification may be freely applied and that regulation is not violative of the equal protection clause merely because it is not all-embracing.”).