Question

The following fact pattern discusses an issue that we've explored in Constitutional Law. In addition to the rules and resources in your text book, leveraging the rules discussed in this https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/the-federal-legislative-power/heart-of-atlanta-motel-inc-v-united-states/ will be useful to achieve maximum points.

Use the rules mentioned above to analyze the following fact pattern. Your analysis should be in a standard IRAC format. For maximum points, you must clearly state the issue and applicable rules. Additionally, your analysis should be thoughtful, linear, and clearly support your conclusion.

The shared economy in the United States is booming. Wikipedia comments in its definition that this new economy is “also known as shareconomy, collaborative consumption or peer economy; a common academic definition of the term refers to a hybrid market model (in between owning and gift giving) of peer-to-peer exchange. Such transactions are often facilitated via community-based online services.”(Wikipedia)

Companies like Uber and Airbnb seem to be thriving. However, in the excitement of expansion the U.S. Congress developed strong concerns about how to regulate this new market. In March of 2018, Congress passed a new law requiring all “hosts” of shared economy services (e.g., Airbnb hosts) to provide their services equally without any discrimination on the basis of race, religion, national origin, or gender, including gender identity and sexual orientation.

Penelope Hamilton, a Seattle resident and Lyft driver does not want to be regulated by this law. She does not want any restrictions regarding who she picks up (or not) in her car as a Lyft driver and has filed a lawsuit in federal court in Seattle to block the law from taking effect. Hamilton claims Congress does not have authority to pass such a law and that her business is confined to the City of Seattle.

You are the judge hearing the case. What is your decision and how did you reach your conclusion? Please explain your work clearly using the IRAC method.

Answer 1

Summery:

On hearing the dIscussions , the Congress who passed the new Law in which The host like Drivers, travellers ( domestic or business travellers). Though the Airbnb as the biggest operator in home-sharing and home owners who are now able to earn extra incomes. Though The main Purpose of the congress power is to enact the law in legislation no matter they are addressing the Moral issues. The moral issues are Encouraging the world Economy by Managing Diversities like Gender Inequality Or Sexual Orientation etc by introducing the Law to provide services without descrimination.

Decision: Being A judge, I contend that Congress has overreached its authority under the Commerce Clause in enacting the Act. This Law is not enacted as under The Civil Rights Cases, Section 5 of the Fourteenth Amendment of the Constitution could not regulate private behavior.

Conclusions: It  is more appropriate to Rest civil rights legislation on the constitutional status of the individual, than the impact on commerce.