Legal Definitions - Yick Wo doctrine

The Yick Wo doctrine is a legal principle that declares a government law or regulation unconstitutional if it grants a person or entity complete, unchecked power to approve or deny someone the ability to operate a legitimate business. This kind of absolute discretion violates the Fourteenth Amendment of the U.S. Constitution because it can lead to arbitrary or discriminatory treatment, preventing individuals from pursuing lawful livelihoods without proper justification.

Here are some examples illustrating the Yick Wo doctrine:

• Imagine a city ordinance that states, "The City Manager shall have the sole authority to grant or deny permits for mobile food vendors within city limits." This ordinance provides no criteria, standards, or appeal process for the City Manager's decisions.

  How it illustrates the doctrine: This scenario exemplifies the Yick Wo doctrine because the City Manager possesses absolute discretion. Without any objective guidelines, the City Manager could approve permits for some vendors while denying others based on personal preference, bias, or even discriminatory reasons, rather than legitimate public safety or operational concerns. This unchecked power to deny a lawful business (food vending) would violate the Fourteenth Amendment.

• Consider a state regulation requiring a license to open a new childcare center. The regulation specifies that "The Director of the Department of Child Services may, at their sole discretion, issue or refuse to issue a license to any applicant." There are no published standards for what constitutes a suitable facility or operator, nor is there a process for applicants to understand why their application was denied.

  How it illustrates the doctrine: Here, the Director has absolute discretion over a lawful business (operating a childcare center). The absence of clear criteria means the Director could arbitrarily deny licenses to qualified applicants, potentially based on factors unrelated to the quality or safety of the childcare service. This unchecked authority to prevent someone from operating a legitimate business falls squarely under the Yick Wo doctrine.

• A small town passes a bylaw stating, "The Mayor holds the exclusive right to approve or reject applications for new retail business licenses within the downtown commercial district." The bylaw does not outline any specific requirements for approval, such as zoning compliance, safety standards, or business type.

  How it illustrates the doctrine: This bylaw grants the Mayor absolute discretion to decide who can open a retail business, a lawful activity. Without any objective standards, the Mayor could arbitrarily deny licenses to certain individuals or groups, perhaps favoring friends or discriminating against others, thereby violating the Fourteenth Amendment's guarantee of equal protection under the law, as highlighted by the Yick Wo doctrine.