Kelly v. Blackburn
| Decision Date | 15 May 1957 |
| Citation | 95 So.2d 260 |
| Parties | Archie KELLY, Appellant, v. Ed. BLACKBURN, Jr., as Sheriff of Hillsborough County, Florida, and Clarence E. Prevatt, as Constable of District One, Hillsborough County, Florida, Appellees. |
| Court | Florida Supreme Court |
Tom J. Johnson, Jr., Tampa, for appellant.
Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellees.
This is an appeal from an order of the trial court discharging a writ of habeas corpus and remanding the petitioner in the lower court (the appellant here) to the custody of the sheriff.
The question involved in this case is the constitutionality of the so-called Blue Laws or Sunday Closing Laws. Chapter 855 Florida Statutes 1955, F.S.A. The question raised and which we must determine is whether Sections 855.01 and 855.02, Florida Statutes 1955, F.S.A. are constitutional.
Appellant was arrested upon a warrant charging that he violated both sections of the aforementioned statutes by conducting a used car business on Sunday, October 14, 1956 and on said day selling a 1950 Ford automobile.
In the case of Henderson v. Antonacci, Fla.1952, 62 So.2d 5, we had occasion to deal with the then Sections 855.01 and 855.02 as amended in 1951 which exempted from their operation certain types of businesses. In the disposition of the appeal in that case we concluded that the chancellor below was correct in holding Sections 855.01 and 855.02, Florida Statutes, F.S.A. as so amended unconstitutional for the reasons which we pointed out in that opinion. We further concluded, however, that the question of the constitutionality of said sections as they existed prior to the amendments thereof by the 1951 laws was not a proper subject matter for consideration by the lower court and reversed the final decree with directions that the chancellor modify said decree in such manner as to restrain the appellants in that case only from enforcing the provisions of said Sections 855.01 and 855.02 as so amended.
Following this decision the legislature amended Sections 855.01 and 855.02 by Chapter 29615, Sections 30 and 31, Laws of Florida 1955, which appear as the current law in Sections 855.01 and 855.02 Florida Statutes 1955, F.S.A.:
'855.01 Following trade, etc., on Sunday.--Whoever follows any pursuit, business or trade on Sunday, either by manual labor or with animal or mechanical power, unless the same be work of necessity, shall be punished by a fine not exceeding fifty dollars; provided, however, that nothing contained in the laws of Florida shall be so construed as to prohibit the preparation or printing between the hours of midnight Saturday and six in the morning, Sunday, of any newspaper intended to be circulated and sold on Sunday, or to prohibit the circulation and sale on Sunday of same, or to prohibit the circulation and sale on Sunday of any newspaper theretofore printed; provided nothing contained in this section shall apply to theaters in which moving pictures are shown.
The question now squarely presented is the constitutionality of these statutes as now existing.
The only difference in the statute as it existed at the time of the opinion in Henderson v. Antonacci, supra, and as it exists today is that fewer businesses are excluded from...
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Tinder v. Clarke Auto Co., 29611
...cases motor vehicle dealers were involved, the law has been held invalid. Henderson v. Antonacci, Fla.1952, 62 So.2d 5; Kelly v. Blackburn, Fla.1957, 95 So.2d 260. For an extensive discussion regarding the decisions of the various states on the subject of the action, see 57 A.L.R.2d Under t......
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Gowan v. State of Maryland Gallagher v. Crown Kosher Super Market of Massachusetts, Inc Two Guys From v. Ginley Braunfeld v. Brown, HARRISON-ALLENTOW
...and commodities); Henderson v. Antonacci, Fla.1952, 62 So.2d 5 (exceptions for classes of businesses and commodities); Kelly v. Blackburn, Fla.1957, 95 So.2d 260 (exceptions for newspapers and cinema); City of Mt. Vernon v. Julian, 1938, 369 Ill. 447, 17 N.E.2d 52, 119 A.L.R. 747 (exception......
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Moore v. Thompson
...constitutionality of the so-called Blue Laws or Sunday Closing Laws are Henderson v. Antonacci, Fla.1952, 62 So.2d 5 and Kelly v. Blackburn, Fla.1957, 95 So.2d 260. In Henderson, an action was brought by certain used car dealers for a declaratory judgment as to the constitutionality of Sect......
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State v. Karmil Merchandising Corp.
...suggested by the Arizona Court, but the reasonable needs of the day. In Henderson v. Antonacci (Fla.), 62 So.2d 5 (1952); Kelly v. Blackburn (Fla.), 95 So.2d 260 (1957), and Courtesy Motor Sales v. Ward, 24 Ill.2d 82, 179 N.E.2d 692 (1962), statutes were held void under the equal protection......