Reference no: EM13936400

Identify and analyze legal issues and to make recommendations based on the provided scenario.

Following a yearlong humanitarian trip to Another Country, Rock Star Big Bad Dude, planned to return to his home in the USA to announce his run for political office, as well as to promote his new business, called personal view. Personal view is a pair of glasses that is a computer which is connected to the internet, which has extreme hearing and facial recognition software, that can see and hear everything within a selected view, set by the viewer. It can use any security camera within a block, and patch it to the wearer. The glasses may also view and capture any and all video feeds within one block without the need for passwords or logins, includingtv and radio shows. The glasses amplify the wearers and any others thought processes within one block . The glasses have an option to be used as a telephone with voice activation. The glasses may be used as a radar detector, and police radio scanner. Fans wanted to welcome Big Bad Dude home by gathering at the Airport when he arrived and to express their support for his candidacy. Airport is a large international airport, which serves several major airlines and has five concourses with numerous gates, parking lots and grassy knolls. The planned welcome home gathering would involve about 200 enthusiastic fans and a 15 minute speech by Big Bad Dude to the group about his political views and his new product. Prior to entering the USA, Dude is worried that his brief case with the prototype of the glasses and designs. will be taken at the airport, allowing the public access to the product's secrets as well as to the competition.

Airport is owned and operated by the State's Department of Transportation. One of the airport's regulations, Section B, forbids "any gathering of more than 30 people anywhere in the airport unless travel related." The stated purpose of Section B "is to avoid congestion and to promote the smooth operation of the airport." The statute further states that the patrons and passengers are subject to the search of their persons and any and all personal items, that they may have in their possessions in side of the terminals or within 500 yards of any building. Passengers by accepting the privilege, license of passage, hereby consents to and waive any claim as to violation of constitutional rights which they hereby waive. The passenger and any patrons hereby also waive the right of any jurisdiction of the courts. Any claims that the passenger or patrons, may have, will be decided by arbitration. Violators of Section B are subject to a fine up to $1,000 and/or incarceration of up to 6 months. Big Bad Bruce and his fans have requested permission to hold their welcome-home gathering in the airport, but the airport has denied this request based solely upon Section D. Big Bad Dude's and his fans hire you to file a lawsuit challenging Section. D in order to obtain access to the airport for the welcome-home gathering. Dude also feels that this will interfere with his right to show his new product.

Discuss in detail the basis of any challenges to Section. D that any of the parties may have, and evaluate their chances for success.