The Richman Group of Florida, Inc. v. Pinellas County, Florida

The Equal Protection Clause of the Fourteenth Amendment requires the state to demonstrate a rational basis for treating similarly situated persons differently. Florida has applied a unique equal protection analysis testing whether the state has a rational basis for making its ultimate legislative decision – without considering the difference in treatment afforded a plaintiff as compared to others similarly situated. The question presented is: Does Florida’s failure to consider the “difference in treatment” between a plaintiff and its similarly situated comparators conflict with this Court’s wellworn standard applicable to equal protection claims? (i)