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The Santa Monica Civic Auditorium is owned by the city of Santa Monica

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1. The Santa Monica Civic Auditorium is owned by the city of Santa Monica. The auditorium is rented out to various organizations throughout the year. The auditorium, which has a seating capacity of 1,500, is customarily leased for such events as rock concerts, rodeos, the Uce Capades, sporting events, fashion shows, etc. In January, Bruce Springsteen held a week long concert at the auditorium, drawing full houses each night. Generally, the city leases the auditorium's facilities for a charge of $2 000 per day.
   
   In February, the Hare Krishna religious sect applied to rent the auditorium for its annual Festival of Chariots celebration. However, Santa Monica City Council voted 7 to 3 against permitting the Hare Krishnas from using the auditorium. When their rental application was denied, the Hare Krishnas threatened to take legal action against the City Council. They contended unfair discrimination because Billy Graham and Reverend Ike leased the auditorium in previous months for their religious gatherings. During this controversy, the Santa Monica City Council passed an ordinance prohibiting the rental of the auditorium to any religious group. The City Council passed the ordinance in a "closed door" session, and did not permit any debate or hearings on the matter. Is this newly enacted Santa Monica city ordinance likely to be held constitutional?
   1. No, because the ordinance was passed by the City Council in a "closed door" session, it violates the due process rights of religious groups by not affording them an opportunity for a hearing
   2. No, because the ordinance discriminates against religious groups in violation of the free exercise clause of the First Amendment, as it is incorporated in the Fourteenth Amendment.
   3. Yes, because the ordinance treats all religious groups equally.
   4. Yes, because a city ordinance is not state action per se, and, therefore, it is not subject to the limitations of the Fourteenth Amendment.