Reference no: EM133502572

Question

Peggy Schuyler is an excellent cook and decides she is going to open a restaurant. She is successful at pulling the money together but due to limited funds is only able to afford used cooking and other kitchen equipment. The inspector from the city health department warns Peggy that the used equipment may prove unreliable maintaining the required food temperatures for public safety. Peggy moves ahead with her plans and secures the necessary license to open for business.

She plans her grand opening on the same day a large street festival is set to begin near her location so she can pull in as much as of the foot traffic as possible. The food inspector has ongoing concerns, and the city shows up to perform a routine, unannounced inspection on the 2nd day of the festival. The inspection identifies a range of code violations, including food temperatures out of safe range and malfunctioning equipment. The inspector provides a notice of all violations and issues an order for the restaurant to remain closed until all violations are corrected.

Peggy seeks legal advice on filing an action in court to challenge the order to close the restaurants and dispute the notice of violations, asserting that her 4th amendment rights have been violated. How would you advise Peggy Schuyler?