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Dormant Commerce Clause

By: Derek Hawkins//September 18, 2019//

Dormant Commerce Clause

By: Derek Hawkins//September 18, 2019//

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7th Circuit Court of Appeals

Case Name: Christopher Regan, et al. v. City of Hammond, Indiana

Case No.: 18-3051

Officials: WOOD, Chief Judge, and BAUER and ROVNER, Circuit Judges.

Focus: Dormant Commerce Clause

The plaintiffs in this case press a dormant commerce clause challenge to a local ordinance that requires a residential property owner who wishes to make repairs to the residence either to obtain a license or to hire a licensed contractor; but a homeowner making repairs to the single-family residence he or she occupies is exempted from this requirement. The plaintiffs argue that this scheme discriminates against interstate commerce and to that extent is contrary to the dormant commerce clause. But the ordinance draws no distinction between in-state or out-of-state property owners and imposes no burden on interstate commerce. We therefore affirm the district court’s entry of summary judgment against the plaintiffs.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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