City of Covington v. Gausepohl

Opinion of the Court by

Drury, Commissioner

Affirming.

The city of Covington has appealed from a judgment by which it was perpetually enjoined from enforcing an ordinance known as No. 2105 by which it prohibited the placing of boxes, barrels, baskets, merchandise, etc., upon the sidewalks of the city and provided a penalty therefor.

The evil which the city sought to abate by this ordinance was the use, by merchants, of the sidewalks in front of their stores for the display and sale of merchandise, thereby obstructing them.

The city enforced this ordinance against the plaintiff and other…