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10 U. Kan. L. Rev. 440 (1961-1962)
Sunday Laws

handle is hein.journals/ukalr10 and id is 482 raw text is: [Vol. 10 SUNDAY LAWS INTRODUCTION For many years the laws prohibiting labor and other activities on Sunday have gone almost unnoticed on the statute books, but in recent months there has been a great surge in prosecutions for the violation of them. There are a number of possible reasons why this has happened. First, there is the great expansion of our cities since World War II. As the cities grew, shopping centers opened up on the outskirts to catch the suburban trade. Since many of the suburban customers found it more convenient to shop on weekends rather than weekdays, the suburban store owners found it profitable to stay open on Sunday. The business gained by the suburban stores was business lost to the downtown merchant. It would do the downtown merchant little good to stay open on Sunday, since most of the populace gravitated toward the country; the answer was to force the suburban merchant to remain closed on Sunday, too. A convenient way to accomplish this was to exert pressure on local authori- ties to enforce the dormant Sunday laws. The second reason for the sudden rash of Sunday closing prosecutions is that in June of 1961, the Supreme Court handed down a set of decisions that resolved any doubts as to the constitutionality of the blue laws.' This has given impetus to the downtown merchants, and it has also brought the Sunday closing laws to the attention of other groups who are pushing for stricter enforcement. THE VARIOUS TYPES OF SUNDAY LAWS The statutes which are causing most of this furor generally fall into three categories. First, there is the type which prohibits only particular businesses, but allows all others to stay open. An example is Colorado, which prohibits selling automobiles,2 barbering, boxing and wrestling,4 and horse racing,5 but permits all others. These laws of Colorado are distinguished from other blue laws in that the Sunday prohibitions are found in the regulatory statutes con- cerning each business. Second, is the type which contains general closing pro- visions applicable to all businesses, but specifically exempts certain types of business. Texas specifies in its statutes that drug stores, among other things, may stay open.' Third, is the statute which prohibits all business activity, but exempts certain commodities which may be sold by anyone. The Kansas Sunday laws appear to be of the third type. They prohibit everyone from selling anything,7 'McGowan v. Maryland, 366 U.S. 420 (1961); Gallagher v. Crown Kosher Super Mkt., 366 U.S. 617 (1961); Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U.S. 582 (1961); Braunfeld v. Brown, 366 U.S. 599 (1961). COLO. REv. STAT. ANN., 13-20-1 to -3 (Supp. 1960). 'COLO. REv. STAT. ANN., 40-12-20 -21 (1953). 'CoLo. REv. STAT. ANN., 129-1-16 (1953). 'CoLo. REv. STAT. ANN., 129-2-10 (1953). 'TEx. PEN. CODE art. 283 to 287 (1952). 'KAN. G.S. 1949, 21-955. Sales on Sunday; penalty. Every person who shall sell or expose to sale any goods, wares or merchandise, or shall keep open any grocery, on the first day of the week, commonly called Sunday, shall on conviction be adjudged guilty of a misdemeanor, and fined not exceeding fifty dollars.