Question
The University of Northern Wisconsin, a state school, has built a very large parking garage on its campus to serve its students. Construction of the
The University of Northern Wisconsin, a state school, has built a very large parking garage on its campus to serve its students. Construction of the garage was regulated by a strict building code enacted by the state. The garage was funded in substantial part out of tax-free bonds issued by the University and guaranteed by the state of Wisconsin itself. The garage has done remarkably well. There is almost 100% occupancy ever day. Two years after construction is complete, the University grants permission to four food trucks to park on the ground level of the garage. The trucks, including Holly's Barbecue On Wheels, serve food to passers by, including people using the garage. The trucks negotiate among themselves about hours of operation and menus in order to prevent overlap. The trucks pay for their parking but nothing else to the University. The University is happy to have the trucks because the students love them and the University has been having problems getting adequate staff to operate its regular food halls.
Holly McClain, owner of Holly's Barbecue On Wheels, believes that it is particularly important that White people get served first at her truck. She thus puts all other customers at the back of the line.The result is that racial minorities almost never use her food truck even though those who have tried it concede that the food is amazingly good. Camille is an African American woman who has lived in Wisconsin her whole life. She's not a student at the University. She just walks past the new garage every day en route to her job at an art studio. Holly insists that Camille go to the back of the (long) line for service at Holly's truck. Camille tells Holly she can go to Hell. Camille then goes to the adjacent Authentic Szechuan Food truck operated by a man calling himself General Tso. General Tso doesn't care one bit about the race of ethnicity of its purchasers. Unfortunately, his truck also spices food more heavily than Camille is used to. Camille becomes mildly sick after eating there, causing her to miss two classes. Evidently the "Mala" flavor profile of General Tso is not for her. Camille wants to bring a lawsuit against Holly for discrimination. Which of the following is accurate:
a) Camille's claim in federal court against Holly for violations of the equal protection clause is going to have difficulty. She will really need to push the concept that Holly benefits greatly from her arrangement with the University and the University benefits greatly from its arrangement with Holly.
b) Camille's claim in federal court against the state of Wisconsin for violations of the equal protection clause will succeed if all she asks the state to pay are nominal damages for missing two classes and suffering brief gastric distress.
c) Camille will have a viable claim against the University of Northern Wisconsin for an equal protection violation if she can persuade the judge that the four food trucks parked beneath the garage amounted to a "functional private shopping mall."
d) Camille will have a viable claim against the University of Northern Wisconsin for an equal protection violation based on an "entwinement" theory. The University can't regulate the construction, take money from the trucks for parking, and then wash its hands when one of those trucks engages in outrageous discrimination
e) Camille will have a viable claim against Holly if she can prove that there was no "symbiotic relationship" between the food trucks and the university
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