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DORSEY `& WHITNEY <br /> Mayor Sundland and Members r� • <br /> of the City Council <br /> October 16, 1987 <br /> Page 2 <br /> Village of Belle Terre v. Boraas, 94 S. Ct . 1536, 1540 ( 1974 ) . <br /> Second, under Minn. Stat. § 349. 213, subd.' 1, the City <br /> may adopt "more stringent regulation of any form of lawful <br /> gambling within its jurisdiction. " Although this subdivision <br /> prohibits the City from imposing licensing or permit requirements <br /> on organizations licensed by the CGCB, I see nothing that would <br /> prevent the City from imposing across-the-board restrictions <br /> which would have the effect of prohibiting certain types of <br /> organizations from conducting gambling in the City. The City <br /> might require, for example, that all lawful gambling within its <br /> jurisdiction be supervised and conducted exclusively by local <br /> organizations or chapters whose members do not conduct gambling <br /> activities in any other jurisdiction. It is not entirely clear <br /> that such an ordinance would constitute regulation of a "form of <br /> lawful gambling" within the meaning of § 349 . 213, subd. 1, but <br /> at least until the statute has been authoritatively interpreted, <br /> I think you are entitled to construe it broadly. <br /> Again, however, the Constitution imposes limits on your <br /> freedom to discriminate against out-of-state residents . The <br /> Privileges and Immunities Clause of the Fourth Amendment requires <br /> states and their political subdivisions to treat residents and <br /> non-residents equally with respect to those privileges which are <br /> " 'fundamental ' to the promotion of interstate harmony, " unless <br /> the state or political subdivision can show (1) that "substantial <br /> reason[s ] " exists for the difference in treatment, and (2 ) that <br /> the degree of discrimination bears a close relation to such <br /> reasons . United Building and Construction Trades Council v. <br /> Mayor and Council of the City of Camden, 104 S. Ct. 1020, 1027-29 <br /> (19 84 ) opportunity of nonresidents to seek employment on public <br /> works contracts falls within the protection of the Privileges and <br /> Immunities Clause) ; see also Baldwin v. Fish and Game Commission <br /> of Montana, 436 U. S. 371 (1978) (elk hunting by nonresidents is <br /> not a protected privilege) . Beyond the right to travel , to seek <br /> employment, to bring suit, - and to acquire and dispose of <br /> property, it is not clear which privileges are sufficiently <br /> fundamental to be protected. The privilege of conducting <br /> gambling for charitable purposes does not, however, seem to bear <br /> heavily upon "the vitality of the Nation as a single entity . " <br /> Baldwin, 436 U.S . at 383 . An ordinance limiting gambling <br /> activities to local organizations would probably be <br /> constitutional . <br /> 2 . Can the City limit the locations where lawful <br /> gambling may be conducted? <br /> • <br />