Gibson Products Co. of Bowling Green, Ky. v. Lowe

I agree with the majority opinion in its conclusion that the Sunday Closing Law is constitutional, but I respectfully dissent from so much of the majority opinion which holds that the prosecutors may be restrained from prosecuting. My reasons have previously been stated. See dissent in City of Ashland v. Heck’s, Inc., Ky., 407 S.W.2d 421. The Heck opinion and the majority opinion here are based on claimed violations of the Fourteenth Amendment to the United States Constitution and section 2 of the Kentucky Constitution. In either case such claimed violation, if valid, could and should have…