City of Harlan v. Scott

Opinion of the Court by

Judge Fulton

— Affirming.

The City of Harlan on February 6, 1939, passed an ordinance which, in effect, made it unlawful to operate a picture show on Sunday after six o’clock P. M. and provided a fine of not less than $5 nor more than $15 for each violation.

The appellee, L. B. Scott, General Manager of the appellee, Phoenix-Harlan Theater Company, was arrested and fined for violation of the ordinance and thereupon, in conjunction with the theater company, instituted this action, alleging invalidity of the ordinance and seeking injunctive relief on account of threatened-…