My local San Francisco Democrat government has intruded its control into every aspect of business. It is all an expression of Lefty hatred of modern commerce. It is occurring in every city as they copy each other.
One of the most obvious Lefty absurdities is that any new business with more than 11 stores must undergo special zoning scrutiny before being allowed to open. Meaning neighborhood opposition can ban any chain retailer.
Many large retailers have originated in San Francisco, including the Gap, Old Navy, Esprit, Levis, Wells Fargo, Bank of America and Charles Schwab. All would be penalized when seeking to open new local stores.
I believe this law is unconstitutional under the ‘Commerce Clause’. The commerce clause is found in the beginning of the U.S. Constitution, Article I section 8. It says “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
From Cornell Law School: “Of particular importance here, is the prevention of protectionist state policies that favor state citizens or businesses at the expense of non-citizens conducting business within that state. In West Lynn Creamery, for example, the Supreme Court found that a Massachusetts state tax on milk products, in conjunction with a subsidy program for in-state dairy farmers, functionally violated the dormant commerce clause as it impeded interstate commercial activity by discriminating against non-Massachusetts citizens.“
I believe that any local laws penalizing businesses that are large while favoring small businesses is a deliberate violation of this section of the Constitution. Time to take this case to the Supreme Court.