Arlan's Department Store of Louisville, Inc. v. Kentucky

This is a criminal prosecution of the owners of three retail stores for employing persons in their businesses on Sunday.1 Each was fined $20 and costs and the convic*219tions were sustained (357 S. W. 2d 708) against the claim that the laws violated the First Amendment, applicable to the States by reason of the Fourteenth Amendment. The case differs from Braunfeld v. Brown, 366 U. S. 599, and Gallagher v. Crown Kosher Market, 366 U. S. 617, in that those who actually observe the Sabbath on a day of the week other than Sunday are exempt from the penal provisions.2 But as I indicated in my dissent…