As to the Virginia court's holding that the ordinance gave the Aurora Highlands residents an impermissible monopoly over the streets in their neighborhood, Miller pointed to Dukes and the hot dog pushcart vendor oligopoly the Court had found permissible as a way of maintaining the neighborhood character. She rejected the argument that as a purely economic regulation, Dukes necessarily reflected a lower standard of review than Richards, which reached social behavior. The ordinance at issue in Belle Terre, she noted, had directly targeted the latter, and explicitly mentioned it as requiring only a rational basis if it did not impair a fundamental constitutional right.Miller, 418–20 And if even the First Amendment rights had to yield to protecting neighborhood character, as had been the case with the Detroit zoning ordinance upheld in Young v. American Mini Theatres, Inc., which required adult movie theaters to be at least a thousand feet (300 m) from each other, certainly parking would also be subordinate to that interest, Miller argued. The Virginia Supreme Court, in finding that the ordinance achieved its goals at "too dear" a constitutional price, had applied an impermissible balancing test, substituted its judgement for the county board's and exceeded the scope of proper review, she wrote.
