Municipal Corporations – Police Power – Sundy Closing Ordinances

The City of Chattanooga passed an ordinance making in unlawful “for any person, firm, corporation, or association operating a general merchandise store, department store, hardware, jewelry, furniture, grocery store, super market, meat market, or other similar establishments in the City of Chattanooga, Tennessee, to open such place of business on Sunday; or to sell or offer for sale, give away, or deliver any merchandise, groceries, hardware, jewelry, furniture, meat, produce, or other similar commodities or articles, on Sunday.” Plaintiffs brought this action for a declaratory judgment that the ordinance was unconstitutional and for other relief. In the lower court the Chancellor sustained the demurrer of defendants. On appeal, held, affirmed. The ordinance was a valid exercise of the police power and was not so unreasonable or arbitrary as to discriminate unconstitutionally between persons similarly situated. Kirk v. Olgiati, (Tenn. 1957) 308 S.W. (2d) 471.