City of Baxter Springs v. Bryant

The opinion of the court was delivered by

Miller, J.:

The City of Baxter Springs appeals from an order of the Cherokee District Court declaring two sections of a Baxter Springs ordinance unconstitutional, and dismissing six complaints charging the defendant, Harry L. Bryant, with violations of that ordinance. We are asked to review the trial court’s ruling.

Bryant is the proprietor of an establishment known as the Sugar Bear Disco, which he has operated within the corporate limits of Baxter Springs since 1975. A “disco,” or more properly a discotheque, is, we are informed, a commercial…