Daniel v. Cruz, 20336
Decision Date | 04 January 1977 |
Docket Number | No. 20336,20336 |
Court | South Carolina Supreme Court |
Parties | L. Giles DANIEL, Sheriff of Greenwood County, Respondent, v. Helen CRUZ, Appellant. |
C. Rauch Wise, Greenwood, for appellant.
G. P. Callison, Callison & Dorn, Greenwood, for respondent.
The respondent L. Giles Daniel Sheriff of Greenwood County, brought this declaratory judgment action to determine whether the appellant was acting in violation of S.C.Code § 56--1281 (1962). The appellant by her Answer and Counterclaim admitted that she was engaged in the practice of palmistry and fortunetelling in Greenwood County, but denied that she was in violation of the statute. For a second defense, she alleged that she was not an ininerant fortuneteller but, rather, a citizen and resident of Greenwood County. By way of Counterclaim, the appellant attacked the constitutionality of the statute as a violation of due process and equal protection of the laws under applicable provisions of the State and Federal constitutions. 1
The circuit judge heard the matter upon a Stipulation of Facts. The judge issued his Order, dated April 5, 1976, holding that the appellant was in violation of Section 56--1281. The Order stated that Sheriff Daniel could apply for such supplementary and specific orders of injunction as he deemed appropriate, pursuant to the court's declaration of the law. An appeal from this Order followed. We reverse the Order and hold the Section 56--1281 is unconstitutional in that it denies the appellant equal protection of the laws.
The statute in its entirety is as follows:
(emphasis added).
Included in the Stipulation were the following facts: (1) the Greenwood County Council, in regular meeting on July 1, 1975, adopted a resolution stating that the Council does not desire that a license be granted to any itinerant fortuneteller pursuant to Section 56--1281, and that provisions for granting such a license are not adopted by the Council; and (2) Abbeville and Saluda Counties have issued licenses for fortunetelling without judicial contest.
The appellant argues that the General Assembly, in enacting Section 56--1281, has passed a law, which, by its application, makes illegal fortunetelling in Greenwood County, whereas the General Assembly has effectively made the same conduct legal in neighboring Abbeville and Saluda Counties.
The General Assembly cannot pass legislation which operates unequally upon a class of citizens. The placing of fortunetellers in a class is not of itself a denial of equal protection. However, the law, as applied to the appellant, treats her in a different manner from others in the same class. It prohibits her from practicing fortunetelling in Greenwood County by imposing criminal sanctions upon her conduct. It is unavailing to argue that at fortunetellers in Greenwood County are treated equally, for the class is constituted of fortunetellers in South Carolina, not...
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