Com. v. Arlan's Dept. Store of Louisville
| Decision Date | 23 February 1962 |
| Citation | 357 S.W.2d 708 |
| Parties | COMMONWEALTH of Kentucky, Appellant, v. ARLAN'S DEPARTMENT STORE OF LOUISVILLE, Kentucky, et al., Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., for appellant.
Henry B. Sadlo, James E. Thornberry, Edward M. Post, Frank A. Garlove, Louisville, for appellees.
Charles E. Keller, Louisville, for amicus curiae.
CULLEN, Commissioner.
On warrants charging violations of the Kentucky 'Sunday Closing Law,' KRS 436.160, the owners of three retail stores in Louisville were tried in the quarterly court, found guilty, and fined $20 each. They appealed to the circuit court, which dismissed the prosecutions on the ground that the statute is unconstitutional. The Commonwealth has appealed from the judgments of dismissal.
The circuit court held the statute unconstitutional on the grounds that it violated state and federal constitutional guaranties of freedom of religion and prohibitions against establishment of religion or giving preference by law to any religious sect (Ky.Const., Secs. 1, 5; U.S.Const., Amendments 1, 14); that it was not a proper exercise of the police power; and that the exemptions were such as to make the statute discriminatory and arbitrary.
In substance, the Kentucky statute prohibits working on Sunday or employing another person to work on Sunday at any occupation or in any labor or business except:
1. Ordinary household duties.
2. Work of necessity or charity.
3. Maintenance or operation of a public service or public utility plant or system.
4. Amateur sports.
5. Athletic games.
6. Moving picture shows.
7. Chautauquas.
8. Filling stations.
9. Opera.
A further exception is of persons who are members of a religious society which observes as a Sabbath a day in the week other than Sunday and who actually do observe as a Sabbath one day in each seven. The statute prescribes special penalties for holding a boxing or wrestling match, or permitting billiards or pool to be played, or hunting game with guns or dogs, on Sunday.
Subsequent to the rendering of the decision in the circuit court and while these cases were pending on appeal, the Supreme Court of the United States held valid similar statutes of Maryland, Massachusetts, and Pennsylvania, in McGowan v. State of Maryland, 366 U.S. 420, 81 S.Ct. 1101, 6 L.Ed.2d 393; Gallagher v. Crown Kosher Super Market of Massachusetts, 366 U.S. 617, 81 S.Ct. 1122, 6 L.Ed.2d 536; Two Guys From Harrison-Allentown, Inc. v. McGinley, 366 U.S. 582, 81 S.Ct. 1135, 6 L.Ed.2d 551; and Braunfeld v. Brown, 366 U.S. 599, 81 S.Ct. 1144, 6 L.Ed.2d 563.
Except as to one point which will hereinafter be discussed, the opinions of the Supreme Court in the above cited cases, to which we shall adhere, completely refute the contentions that our Kentucky statute violates constitutional guaranties and prohibitions with respect to religion, that the statute is not a proper exercise of the police power, and that the exemptions are such as to make the statute discriminatory or arbitrary or violative of the right to equal protection of the law.
In none of the four cases did the Supreme Court expressly uphold the validity of a blanket exemption, such as is contained in our statute, of persons who observe a Sabbath other than Sunday in accordance with the precepts of a religious society of which they are members. It is contended here that the existence of this exemption creates a discrimination against persons who do observe Sunday as the Sabbath and imparts such a religious flavor to the entire statute as to bring it within the constitutional prohibition against any law for the establishment of religion.
While the Supreme Court did not specifically rule on this question, it is to be noted that the Massachusetts statute, which...
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Legacy Church, Inc. v. Kunkel
...697 (1970) ; United States v. Branigan, 299 F. Supp. 225 (S.D.N.Y. 1969) (exemption from draft for ministers); Commonwealth v. Arlan's Dep't Store, 357 S.W.2d 708 (Ky.), dismissed for want of substantial federal question, Arlan's Dep't Store v. Kentucky, 371 U.S. 218, 83 S.Ct. 277, 9 L.Ed.2......
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Arlan's Dept. Store of Louisville v. Com.
...on which the validity of the law had been successfully challenged in the circuit court are discussed in Commonwealth v. Arlan's Department Store of Louisville, Ky., 1962, 357 S.W.2d 708. The case was then tried on stipulated facts without a jury and resulted in a conviction from which the d......
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Walters v. Bindner
...was upheld by this court in Arlan's Department Store of Louisville v. Commonwealth, Ky., 369 S.W.2d 9; Commonwealth v. Arlan's Department Store of Louisville, Ky., 357 S.W.2d 708 and in effect, by the United States Supreme Court in Arlan's Department Store of Louisville v. Kentucky, 371 U.S......
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City of Ashland v. Heck's, Inc.
...Appellees were prosecuted under KRS 436.160. The constitutionality of this statute had been upheld. Commonwealth v. Arlan's Department Store of Louisville, Ky., 357 S.W.2d 708; Arlan's Department Store of Louisville v. Commonwealth, Ky., 369 S.W.2d 9. Thus, the Purnell and City of Harrodsbu......