Read the following excerpt from a US court opinion:
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the Twenty-first Amendment, which concerns alcoholic beverages, provides: “The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.” U.S. Const. amend. XXI, § 2. 4 . The Eighth Circuit’s consideration of a First Amendment challenge to an across-the-board prohibition of "adult uses” at establishments holding liquor licenses also suggests that such prohibitions implicate the First Amendment, since the court rejected the challenged based on LaRue. See BZAPS, Inc. v. City of Mankato, 268 F.3d 603, 607-08 (8th Cir.2001). 5 . The State does not argue that rational basis scrutiny, as used in LaRue, applies. See LaRue, 409 U.S. at 118, 93 S.Ct. 390 . Even if it had, we agree'with the Third,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that factor 10 should not be applied when the victim is the only one at risk
B. holding that californias conclusion that sexual performances should not be offered where liquor is sold was not an irrational one
C. holding that plaintiffs had constructive knowledge of infringement where they were shareholders in the defendants organization the defendants had openly sold merchandise bearing the  mark at performances for years and one of the plaintiffs had attended performances where such merchandise was sold
D. holding that statements offered to establish defendants state of mind in making an employment decision and  not offered for the truth of the matter asserted are not hearsay
E. holding that a state may only partly ameliorate a perceived evil at one time and that the failure of a regulation to eliminate all of an evil at one step does not make the regulatory classification irrational
Reply with [A, B, C, D, E] only.