Simonetti v. City of Birmingham

(concurring) :

My learned brother in writing for a majority of this court did not find contrary to Caiola v. City of Birmingham, 288 Ala. 486, 262 So.2d 602; Reynolds v. McFadyen, 259 Ala. 235, 66 So.2d 89; Lane v. McFadyen, 259 Ala. 205, 66 So.2d 83, or Langan v. Mobile Winn-Dixie, Inc., 277 Ala. 583, 173 So.2d 573. He found a discrimination on behalf of the local authorities in their unequal application of the law.

The majority opinion points to the case of John Lawhon Furniture Company, in Jefferson County, wherein Federal Judge Sam Pointer enjoined the Jefferson County Sheriff’s Department…