Hughes v. Reynolds, 24328
| Decision Date | 20 October 1967 |
| Docket Number | No. 24328,24328 |
| Citation | 157 S.E.2d 746,223 Ga. 727 |
| Parties | R. Whaley HUGHES v. Robert W. REYNOLDS, Solicitor General. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The Sunday Business Activities Act (Ga.L.1967, p. 479 et seq.) violates Art. I, Sec. I, Par. II, of the Georgia Constitution of 1945 (Code Ann. § 2-102) in that it denies equal protection of the law.
Fred E. Bartlett, Jr., Thomas Wm. Malone, Albany, for appellant.
Robert W. Reynolds, Sol. Gen., pro se.
Under Sections 1 and 2 of an Act of the General Assembly, approved April 11, 1967, (Ga.L.1967, p. 479 et seq.), which is entitled 'The Sunday Business Activities Act to prohibit certain business activities on Sunday' and provides for civil and criminal penalties for violations thereof, it is provided:
Section 3 of the Act provides that any person, firm or corporation found guilty of violating the provisions of Section 1 shall be guilty of a misdemeanor. Section 4 provides: 'The purpose of this Act being to promote the health, recreation and welfare of the State, the engaging on Sunday in the business of selling, or offering for sale of any of the prohibited items named in section 1 of this Act contrary to the provisions hereof is declared to be a public nuisance and any person may apply to any court of competent jurisdiction and may obtain an injunction restricting further violation of this Act.'
On July 5, 1967, Robert W. Reynolds, Solicitor General of Dougherty Judicial Circuit, filed his petition in the Superior Court of Dougherty County in which he alleged that R. Whaley Hughes, as manager or person in charge of Furniture Discount which is a store operated exclusively for the sale of furniture and located in Albany, Georgia, was unlawfully operating this business on Sunday. More specifically it was alleged that in violation of the 1967 Sunday Business Activities Act, supra, the defendant on Sunday, Jury 2, 1967, sold and offered for sale items of furniture. The prayers were that the defendant should be temporarily and permanently enjoined from further violation of said Act.
On the hearing for an interlocutory injunction, the defendant filed his answer and general demurrers. The court overruled the demurrers and after hearing evidence granted the injunction as prayed. The appeal enumerates error only on the overruling of the general demurrers.
The general demurrers challenged the validity of the Sunday Business Activities Act, supra, on several grounds. Among these challenges were the grounds that the Act violated the due process and equal protection clauses of the United States and Georgia Constitutions.
It is asserted that the Act violates Art. I. Sec. I, Par. II of the Georgia Constitution of 1945 (Code Ann. § 2-102) which provides that 'Protection to person and property is the paramount duty of government, and shall be impartial and complete' in that 'said Act prohibits the sale on Sunday of certain items of merchandise without in any way relating the items or their prohibition of sale to the health, recreation and welfare of the State.
'Said Act allows the sale of prohibited items by some individuals while prohibiting the sale by others without reasonably relating either exemption or prohibition of sale to the health, recreation or welfare of the State.
'Said Act denies defendant equal protection of the law in that said Act prohibits defendant from selling furniture at retail while allowing others to sell as retail novelties, souvenirs and any other article of merchandise and therefore said Act is discriminatory and unreasonable.
'Said Act further denies equal protection of the law and is further violative of the due process clause because it creates an unreasonable, arbitrary and capricious method for becoming exempt from the prohibitions of said Act.
'Said Act denies equal protection to the defendant and deprives him of property and liberty without due process of law in that he being a merchant selling some of the prohibited items is subjected to criminal prosecution and injunctive prohibition against sale of certain items which are nowhere shown in said Act to be in any way detrimental to the health, recreation or welfare of the State, but are denied on a capricious and unreasonable basis.'
In support of this constitutional provision is the declaration of public policy as found in Code § 79-205 which provides: 'Among the rights of citizens are the enjoyment of * * * private property and the disposition thereof.' The right to transact business in a manner not contrary to public health, safety, morals or public policy is a protected constitutional right and must be preserved to the citizens without...
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