You enter into a contract with Bad Frog Brewery, Inc., to distribute their beer. The label on their beer bottles is depicted above. You are successful in obtaining contracts with local grocery and convenience stores to carry Bad Frog beer. However, using a little known ordinance prohibiting "the display or furthering the display of products with obscene gestures in retail establishments in the county," and making violators subject to a fine of $100, Polk County issues citations to several of the grocery and convenience stores to whom you have sold Bad Frog Beer causing them to return the Bad Frog beer you sold them and rescind their contracts with you. You have also been issued citations for distributing the beer with the Bad Frog labels. You consult with a lawyer and he advises you to bring an action challenging and overturning the citations and fines issued by Polk County to the grocery and convenience stores and your company.
2. On what ground could your grocery and convenience store customers claim that the contract they entered into with you for the purchase of Bad Frog beer was not valid.
3. (A). What legal or constitutional grounds does your lawyer inform you will he base the actions to challenge and rescind the citations and fines under the Polk County ordinance issued to your business and to your grocery and convenience store customers? (B). What case does he cite to you that he believes will help win on these grounds?
4. Do you have standing to bring the actions attempting to rescind the citations and fines issued to your grocery and convenience store customers? Why or why not?
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