Bargain City U.S.A., Inc. v. Dilworth

CONCUHRING AND DISSENTING OPINION BY

Mr. CHIEF Justice Bell:

I agree that the alleged policy of discriminatory enforcement did not amount to a violation of the Constitution. However, in my judgment, the Act of August 10, 1959,* offends and violates the provisions of Article III, §7, of the Pennsylvania Constitution.

The Act of 1959, supra, provides: “Whoever engages on Sunday in the business of selling, or sells or offers for sale, on such day, at retail, clothing and wearing apparel, clothing accessories, furniture, housewares, home, business or office furnishings, household, business or office…