Discussion Question

A union was having a dispute with a business. As part of a protest by the union, several members displayed a ten-foot-tall inflatable rat-shaped balloon on the sidewalk in front of the business. The City issued a ticket to the union because the balloon violated a city ordinance about signs. The ordinance read "balloon signs and other inflated signs (except grand opening signs) used for the purpose of attracting attention of the public are prohibited."

The Union refused to pay the fine and appealed the ticket claiming this violated their first amendment right.

Questions:

Would the question of constitutionality of this statute be evaluated under a rational basis, intermediate scrutiny or strict scrutiny test? Why?

Using that test, do you believe this law is constitutional? Why or why not?