Re:How Apple Kills Indie Developers
by dragonwriter on Friday September 27, 2019 @01:52AM
(#21088848)
> Which was: of course you can take your municipal government to court over how they dole out stalls at a market they run.
In the US, sure, you could sue them because the manner they did that:
(1) discriminated on a basis prohibited to government under the Constitution,
(2) violated some binding regulation of a superior level of government,
(3) violated a promise made by that government that you reasonably relied on to your disadvantage.
Similarly, for a private entity doling out market stalls, you could sue for the same reasons, except #1 becomes “...on a basis prohibited to businesses open to the public”. And with a private entity, there's no issue of whether governmental immunity applies to your suit.
In the US, sure, you could sue them because the manner they did that:
(1) discriminated on a basis prohibited to government under the Constitution,
(2) violated some binding regulation of a superior level of government,
(3) violated a promise made by that government that you reasonably relied on to your disadvantage.
Similarly, for a private entity doling out market stalls, you could sue for the same reasons, except #1 becomes “...on a basis prohibited to businesses open to the public”. And with a private entity, there's no issue of whether governmental immunity applies to your suit.