New Orleans v. Dukes

In New Orleans v. Dukes, 427 U.S. 297, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976), the Supreme Court dismissed an equal protection challenge to a New Orleans ordinance prohibiting pushcart food sales in the French Quarter of the city, despite the "grandfather provision" of the ordinance that exempted pushcart vendors who had operated in the Quarter for eight years. The Supreme Court concluded that "the city could reasonably decide" that the older vendors had become part of the distinctive charm of the Quarter. Id. at 305, 96 S.Ct. at 2518.