In the case of Leary v. The Mayor and Aldermen of the City of Jersey City, et al., 1918, plaintiff John J. Leary Jr., a civil service employee in Jersey City, New Jersey was dismissed from his position without any charges being filed against him or having an opportunity to defend himself. He sued for reinstatement arguing that his dismissal violated due process rights under the Fourteenth Amendment as he was not given notice or hearing before termination. However, the Supreme Court ruled against him stating that public employment is not a property right protected by due process clause and thus can be terminated at will by employers unless otherwise specified in an employment contract or statute.

The dissenting opinion in the case of Leary v. The Mayor and Aldermen of the City of Jersey City, et al., argued that there was no violation of due process or equal protection under the law. It contended that a city has every right to regulate its streets and sidewalks for public safety purposes, including limiting where vendors can sell their goods. This regulation does not infringe upon any constitutional rights as it is within the city's police power to ensure order and protect its citizens' welfare. Furthermore, it stated that if a vendor feels aggrieved by such regulations, they should seek redress through political means rather than judicial ones - by lobbying for changes in local laws or electing officials who share their views on street vending policies.