Legal Opinion · Dissent

Allen v. City of Colorado Springs

Supreme Court of Colorado

Decided December 13, 1937No. 14,193Published

1DissentJustice Bakke

I am not in accord with the court’s opinion, because it has the effect of invalidating an ordinance which has been in effect in Colorado Springs, a home rule city, for a quarter of a century, and places its stamp of approval *504on the sale of all lands of merchandise on Sunday by so-called drug stores.

Sunday closing legislation, as such, is clearly valid, unless otherwise discriminatory. 60 C. J. 1030. No extended discussion of the discrimination here involved is necessary. The controlling principles have been stated and reiterated many times by this court, and a sufficient statement of them is…

2Cases cited6 opinions

  1. City of Denver v. BachSupreme Court of Colorado · 1899
  2. McAfee v. CommonwealthCourt of Appeals of Kentucky · 1917
  3. In Re InterrogatoriesSupreme Court of Colorado · 1935
  4. Deese v. City of LodiCalifornia Court of Appeal · 1937
  5. Mergen v. City & County of DenverSupreme Court of Colorado · 1909

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