A city council and park board announced joint plans to tear down some old buildings and erect a park. Before the contracts were made, in order to garner the greatest political benefit from such projects, the city council adopted an ordinance requiring that 35% of the work force of contractors working on city-funded projects be residents of the city. One of the contractors working on the park project employed several people from the city, but he and most of his employees came from a town in a neighboring state that was a few miles west of the city. When the city projects inspector discovered that the contractor did not employ the required 35%, he told the contractor that if he did not hire a sufficient number of city workers within 20 days the contractor would forfeit the opportunity to work on the project. The contractor immediately filed an action in federal court seeking to have the employment requirement declared unconstitutional. Of which party should the court should rule in favor