Discrimination as a Burden on Commerce... A state has the power to regulate intrastate commerce in a field where Congress has not chosen to legislate, as long as there is no injustice or unreasonable discrimination in favor of intrastate commerce as against interstate commerce
. In a Colorado case, out-of-state students at the University of Colorado sued the state Board of Regents to recover the higher costs of the tuition paid by them as compared to tuition paid by in-state residents. They contended that their classification as out-of-state students—which violated, among other things, the Commerce Clause—constituted unreasonable discrimination in favor of in-state students. The court held that the statutes that classified students who apply for admission to the state university into in-state and out-of-state students did not violate the Commerce Clause because the classification was reasonable. A state statute affecting interstate commerce is not upheld merely because it applies equally to, and does not discriminate between, residents and nonresidents of the state, as it can otherwise unduly burden interstate commerce.
The key is proving that Seattle's banning the sale of tickets to 49ers fans is an unreasonable discrimination.
[ Edited by vermonator on Apr 28, 2014 at 6:21 AM ]