Section 7.35 Classification of Persons Under a Regulation—Similar Treatment Must Be Accorded Those Who Are Similarly Situated

• Library: Local Government Deskbook (2017 Ed.)

B. (§7.35) Classification of Persons Under a Regulation—Similar Treatment Must Be Accorded Those Who Are Similarly Situated

Local government enactments that classify persons for purposes of allocating benefits and burdens must have a rational basis. Similar treatment must be accorded those who are similarly situated. This concept has its roots in state and federal equal protection clauses. In upholding a St. Louis smoke regulation ordinance, in Ballentine v. Nester, 164 S.W.2d 378, 382–83 (Mo. banc 1942) (quoting Ex parte French, 285 S.W. 513, 515 (Mo. banc 1926)), the Supreme Court of Missouri set forth the following test for ascertaining whether an improper classification has been made:

“A classification for legislative purposes must rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed. It cannot be an arbitrary classification. The

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