Malibu Auto Parts, Inc. v. Commonwealth

For selling a quart of motor oil on a Sunday, Malibu Auto Parts, Incorporated, was convicted by the trial court of violating Code § 18.2-341, a part of Virginia’s Sunday Closing Law. Malibu’s appeal presents questions of the applicability and the constitutionality of the Closing Law.

The record shows that Malibu is a retailer of automotive parts and supplies, with a store in the City of Virginia Beach. On Sunday, July 4, 1976, a city police officer, Howard T. Carr, attired in civilian clothing, entered Malibu’s store and ordered a quart of motor oil. He told a clerk he wanted the oil for use…