Subway vs. Springdale

Towns block chain restaurants to save charm

This article immediately caught my eye.  I am a sucker for a good debate on constitutional law, and this one proves to be a doozy.  A small town in Utah has a city ordinance in place that prevents major restaurant chains like McDonald's and Subway from opening up shop.  This law is being challenged by potential Subway franchise owners, who will try to prove that this ban attempts ". . . to limit business ownership to local investors."

From a legal standpoint, I don't see how this constitutional protection could be relevant.  The ban is not on out-of-town folks opening diners.  It is on ANYONE opening a fast food restaurant.  To reiterate, it is the type of eatery, not the home city of the owner that the folks in Springdale object to.  But I am no lawyer, so I will have to follow this one in the courts to see what happens.

Whichever way the verdict falls, the decision could have implications for other cities with similar ordinances in place.  Which makes me wonder, are these bans really necessary?

I am 100% for cities being able to decide what type of businesses to allow and disallow within their limits.  As a native of southern Wisconsin, I would have been really glad for a porn shop, and strip club ban in my community.   But a ban on McDonald's?  Wouldn't it be easier to stipulate certain criteria that all eating facilities must meet, instead of blocking an entire sector of legitimate businesses from opening?

The kinds of towns that are putting these laws in place are doing so to preserve a certain flare, be it tight-knit country, or upscale yachting.  Why not incorporate these requirements into city codes? I think investors and franchisers woulds think twice about buying a Burger King if the town business ordinance required all eateries to have at least one fireplace, and stucco exteriors.

And maybe some wouldn't. Who knows, maybe your town will be the first to have a log cabin Culvers, or a entirely marble Wendy's.  

In fact, I have seen it work in some REALLY high class American cities.  The McDonald's across the street from the Biltmore estate in Asheville, NC had to meet very strict standards in order to secure a spot within the upscale community. 

So, as much as I respect Springdale, UT's right to decide what kind of image it wishes to portray for the world, I think their community leaders should look to Asheville, NC.  If they do, they will see how easy it may be to preserve class, without making their residents drive to the next town over to get their Golden Arches fix.