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Suppose the city of Eau Claire, Wisconsin, owns and operates a facility called the Cheese Mall of America (CMOA) in downtown Eau Claire. The CMOA
Suppose the city of Eau Claire, Wisconsin, owns and operates a facility called the Cheese Mall of America (CMOA) in downtown Eau Claire. The CMOA is a retail shopping mall with 20 storefronts for retail stores selling different types of cheese and cheese-flavored foods. The CMOA employs 75 people, mostly from Eau Claire. A city ordinance adopted by the city council governs operations at the CMOA. The CMOA ordinance provides, in relevant part: Section 1, Findings. The Cheese Mall of America (CMOA) is a showcase for Wisconsin's unique cheese heritage. Wisconsin's $45 billion cheese industry is a vital part of the state's economy, including the Eau Claire area, and is a unique, defining aspect of the state's culture and traditions. Section 2, Leasing Limitations. No business leasing a storefront in the CMOA shall sell from that location any product containing cheese imported from outside the city of Eau Claire. Blandd Foods, Inc., is the maker of a popular cracker called CHEEZOTS, which contains cheese from Iowa. Blandd asked to lease a storefront in the CMOA from the city to sell CHEEZOTS. The city denied Blandd's request based on Section 2 of the ordinance quoted above. Blandd then sued the city
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