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As the owner of a restaurant seating 150 people, Peyton learns of a newly enacted city regulation that requires restaurants that seat more than 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. Peyton also learned that Frankie, the local mayor, was able to get passed a law requiring that restaurants owned by graduates of culinary schools pay a higher fee to receive a business license than those without culinary degrees. Peyton is angry about both laws and wants to take action to have them struck down.

Refer to Fact Pattern 4-3. Under the Equal Protection clause, which of the following would be the city's best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

a. Under the rational basis test, inspections by the health department are needed in order to guard against food-borne illnesses.

b. Under the strict scrutiny test, larger restaurants are important to the tax basis of the community and should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the ability of the restaurants to remain in business.

c. Under the substantially related test, owners of larger restaurants should expect to be inspected more often because products used in interstate commerce are invariably involved.

d. Under the common good test, large restaurants should be inspected more often in order to protect the community's tax base.