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I guess I didn't make my point very well. Which was: of course you can take your municipal government to court over how they dole out stalls at a market they ru
by toasterlovin 7y ago
I guess I didn't make my point very well. Which was: of course you can take your municipal government to court over how they dole out stalls at a market they run. An important principle in most modern legal systems is that various entities are treated fairly by the government. But no such principle exists in a private marketplace, which was created by a private entity to further its own ends (with the usual caveats about protected classes and monopolies being exceptions; neither of those exceptions apply here, though).
- dragonwriter 7y ago> Which was: of course you can take your municipal government to court over how they dole out stalls at a market they run. In the US, sure, you could sue them because the manner they did that: (1) discriminated on a basis prohibited to government under the Constitution, (2) violated some binding regulation of a superior level of government, (3) violated a promise made by that government that you reasonably relied on to your disadvantage. Similarly, for a private entity doling out market stalls, you could sue for the same reasons, except #1 becomes “...on a basis prohibited to businesses open to the public”. And with a private entity, there's no issue of whether governmental immunity applies to your suit.