City of Lyons v. Suttle
Supreme Court of Kansas
1DissentSchroeder, J.
Without any briefing whatever to support the trial court’s decision, the court here in a far reaching precedent authorizes municipalities of the state to enact their own criminal laws, thereby opening the door for provincialism to go rampant.
Ordinance No. 1247 of the city of Lyons makes it a misdemeanor for “Any person who shall drink or consume cereal malt beverages or have in his possession an open container of cereal malt beverages while in any vehicle upon the public highways, roads, streets, alleys, sidewalks, parks or any other municipally owned or public facility.” (Emphasis added.)
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2Cases cited12 opinions
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
- Abbott v. City of Los AngelesCalifornia Supreme Court · 1960
- Maryland & District of Columbia Rifle and Pistol Association, Inc. v. Walter E. WashingtonCourt of Appeals for the D.C. Circuit · 1971
- City of Baytown v. AngelCourt of Appeals of Texas · 1971
- City of Garden City v. MillerSupreme Court of Kansas · 1957
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