P, a general grocery store, brought an action to have a certain ordinance declared unconstitutional and to enjoin the enforcement of the ordinance. The ordinance provided that stores which sold or distributed "any uncured or uncooked meats or other foods of any kind intended for human consumption" should be open for business only between the hours of duty established for the municipal meat and food inspection department. Bona fide hotels, boarding houses, lodging houses, restaurants, drug stores, confectionery stores, dispensers of beverages, distributors of milk and cream, ice cream and soda fountains were expressly excepted from the operation of the ordinance. Held, the ordinance was unconstitutional, violating both the requirements of due process of law and the equal protection of the laws. Justesen's Food Stores, Inc. v. City of Tulare, (Cal. 1938) 84 P. (2d) 140.
Fred C. Newman,
MUNICIPAL CORPORATIONS - POLICE POWER - VALIDITY OF ORDINANCE FIXING CLOSING HOURS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss4/22