The City of JohnPaul in the state of Illinois passed an ordinance that banned spray paint in the city as a means to reduce graffiti. Townsend Paint Suppliers, a huge spray paint provider from Michigan, sued the City of JohnPaul stating that the new ordinance violated the dormant commerce clause. Is Townsend Paint Suppliers correct?
A) No, the legislation does not treat paint suppliers from out of state any differently than paint suppliers within the state and would be proper exercise of a state's police powers.
B) No, the ordinance violates the First Amendment not the dormant commerce clause.
C) No, this is a federal commerce clause violation and does not deal with any state interests.
D) Yes, this is a violation of the dormant commerce clause.
E) Yes, this is a violation but a federal court would most likely find that the commerce clause was violated instead of the dormant commerce clause.

Question

Quizplus · Accepted Answer

The dormant commerce clause prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce. In this case, the ordinance applies equally to in-state and out-of-state paint suppliers, aiming to address a local issue (graffiti) without discriminating against interstate commerce. Therefore, it's a valid exercise of the state's police powers to promote the welfare, health, and safety of its citizens.

The City of JohnPaul in the State of Illinois Passed