United C.O.D. v. State, SC 85537.

• Citation: 150 S.W.3d 311
• Decision Date: 07 December 2004
• Docket Number: No. SC 85537.,SC 85537.
• Parties: UNITED C.O.D., Appellant, v. STATE of Missouri, et al., Respondents.
• Court: United States State Supreme Court of Missouri

150 S.W.3d 311 UNITED C.O.D., Appellant,
v.
STATE of Missouri, et al., Respondents. No. SC 85537. Supreme Court of Missouri, En Banc. December 7, 2004.

[150 S.W.3d 312]

Herman L. Jimerson, Clayton, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Maureen C. Beekley, Asst. Atty. Gen., St. Louis, Cynthia L. Hoemann, Patricia Redington, Associate County Counselor, Clayton, Patricia A. Hageman, Edward J. Hanlon, St. Louis, for respondents.

PER CURIAM.

United C.O.D. is a collective group of independent cab drivers and owners operating in the city and county of St. Louis. It filed suit challenging the validity of sections 67.1800 to 67.1822, RSMo Supp.2003.¹ These sections create a metropolitan taxicab commission. Pursuant to these sections, the commission adopted a code regulating vehicles for hire. The trial court enjoined the commission from applying the code's dress code provisions to persons who certify that they are subject to a religious mandate that prohibits or conflicts with full compliance. In all other respects the court denied relief to United, which appeals. This Court has jurisdiction. Mo. Const. article V, section 3. The judgment is affirmed.

150 S.W.3d 313

United's first point asserts that the statutes violate various constitutional rights. To properly raise a constitutional question, one must: (1) raise the constitutional question at the first available opportunity; (2) designate specifically the constitutional provision claimed to have been violated, such as by explicit reference to the article and section or by quotation of the provision itself; (3) state the facts showing the violation; and (4) preserve the constitutional question throughout for appellate review. Callier v. Director of Revenue, State of Mo., 780 S.W.2d 639, 641 (Mo. banc 1989). A statute is presumed to be constitutional and will not be held to be unconstitutional unless it clearly and undoubtedly contravenes the constitution. Courts will enforce a statute unless it plainly and palpably affronts fundamental law embodied in the constitution. When the constitutionality of a statute is attacked, the burden of proof is upon the party claiming that the statute is unconstitutional. Adams By and Through Adams v. Children's Mercy Hosp., 832 S.W.2d 898, 903 (Mo. banc 1992). This Court will resolve doubts in favor of the procedural and substantive validity of an act of the legislature. Hoskins v. Business Men's Assur., 79 S.W.3d 901, 904 (Mo. banc 2002).

As to an equal protection challenge, the first step is to determine whether the challenged statutory classification operates to the disadvantage of some suspect class or impinges upon a fundamental right explicitly or implicitly protected by the Constitution. If so, the classification is subject to strict judicial scrutiny to determine whether it is necessary to accomplish a compelling state interest. Otherwise, review is limited to a determination of whether the classification is rationally related to a legitimate state interest. In...