Hicks v. City of Dublin

The city ordinance in question prohibits “any theatre or moving-picture show” -from showing any *68moving picture on any Sunday, except between the hours of one and two o’clock in the afternoon. It is obvious that “any theatre or moving-picture show,” which shows a moving picture on a Sunday, is pursuing its “business or the work of his [its] ordinary calling on the Lord’s day,” and is violating the Code, § 26-6905, unless such showing be a work of necessity or charity. And- it is well settled that a municipal ordinance which makes it an offense to commit an act which is penalized by a State law…