Pierce v. Commonwealth

I respectfully dissent from the majority opinion because the Florence ordinance does not conflict with the statute and the statute does not preempt the field of criminal solicitation of sodomy.

Pursuant to K.R.S. 82.082, the Home Rule statute, the statutory authority which forms the basis for the enactment of the city ordinance is a valid exercise of municipal legislative authority in furtherance of a public purpose of the city. The test for determining whether a city ordinance conflicts with a state statute is whether the ordinance is in conflict with a constitutional provision or statute.…