Blue law

A blue law is a type of law in the United States and Canada designed to enforce moral standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping. Most have been repealed, declared unconstitutional or are simply unenforced, although prohibitions on the sale of alcoholic beverages, and occasionally almost all commerce, on Sundays are still enforced in many areas. Blue laws often prohibit an activity only during certain hours and there are usually exceptions to the prohibition of commerce, like grocery and drug stores. In some places blue laws may be enforced due to religious principles, but others are retained as a matter of tradition or out of convenience. [ [http://www.answers.com/blue+law&r=67 Answers.com: Encyclopedia Britannica, Columbia Encyclopedia and The Reader's Companion to American History] , accessed August 13, 2006]

In the Cook Islands, blue laws were first written legislation, enacted by the London Missionary Society in 1827, with the consent of "ariki" (chiefs). In Tonga, the Vava'u Code (1839) was inspired by Methodist missionary teachings, and was a form of blue law. In Niue, certain activities remain forbidden on Sunday, reflecting the country's strong Christian heritage.

History

The first usage of the word "blue law" may have been by the Reverend Samuel Peters (1735–1826) in his 1781 book "General History of Connecticut." He used it to describe various laws first enacted by Puritan colonies in the 17th century, prohibiting certain business activities on specific days of the week (usually Sunday). Sometimes the sale of certain types of merchandise was prohibited, and in some cases all retail and business activity.

Contrary to popular belief, there is no evidence to support the assertion that the blue laws were originally printed on blue paper. Rather, the word "blue" was commonly used in the 18th century as a disparaging reference to rigid moral codes and those who observed them (e.g., "bluenoses", blue movies). Moreover, although Reverend Peters claimed that the term "blue law" was originally used by Puritan colonists, his work has since been found to be unreliable, and it is more likely that he simply invented the term himself. [ [http://www.snopes.com/language/colors/bluelaws.htm Snopes.com: American "blue laws" were so named because they were originally printed on blue paper.] , accessed July 12, 2006] In any event, Peters never asserted that the blue laws were originally printed on blue paper, and this has come to be regarded as an example of false etymology. Another version is that the laws were first bound in books with blue covers. (See related article: [Blue Laws)

Southern and mid-western states also passed numerous laws to protect the Sabbath during the mid to late nineteenth century. Laws targeted numerous groups including saloon owners, Jews, Seventh-day Adventists, and non-religious peoples. These Sunday laws enacted at the state and local levels would sometimes carry penalties for doing non-religious activities on Sunday as part of an effort to enforce religious observance and church attendance. Numerous people were arrested for playing cards, baseball, and even fixing wagon wheels on Sunday. Some of these laws still exist today.

Many European countries still place strong restrictions on store opening hours on Sundays, an example being Germany's Ladenschlussgesetz.

In Henry Taber's "Faith or Fact", he writes:

In Texas, for example, blue laws prohibited selling housewares such as pots, pans, and washing machines on Sunday until 1985. In Alabama,Arkansas,Colorado,Connecticut,Illinois, Indiana, Iowa, Louisiana, Maine, Michigan, Minnesota, Oklahoma, North Dakota, Pennsylvania, and Wisconsin, car dealerships continue to operate under blue-law prohibitions in which an automobile may not be purchased or traded on a Sunday. Maryland permits Sunday automobile sales only in the counties of Prince George's, Montgomery, and Howard. Texas and Utah prohibit car dealerships from operating over consecutive weekend days. In some cases these laws were created or retained with the support of those whom they affected, to allow them a day off each week without fear of their competitors still being open. [ [http://wcco.com/consumer/local_story_324235359.html Good Question: Why Can't We Buy Alcohol On Sunday?] , WCCO-TV, November 20, 2006]

Many states still prohibit selling alcohol on Sunday, or at least before noon on Sunday, under the rationale that people should be in church on Sunday morning, or at least not drinking. At least one unusual feature of American culture—the ability to buy groceries, office supplies, and housewares from a drug store—can be traced to blue laws (under blue laws, drug stores are generally allowed to remain open on Sunday to accommodate emergency medical needs). Fact|date=February 2007

Blue laws may also prohibit retail activity on days other than Sunday. In Massachusetts and Connecticut, for example, blue laws dating to the Puritans of the 17th century still prohibit most retail stores, including grocery stores, from opening on Thanksgiving and Christmas. [ [http://www.boston.com/news/globe/editorial_opinion/editorials/articles/2006/11/25/a_turkey_of_a_blue_law/ "A turkey of a blue law"] , "Boston Globe", accessed November 25, 2006.]

eventh-day Adventist Church

The Seventh-day Adventist Church has always taken a stance against blue laws. Church members keep the Sabbath on Saturday, thus conflicting with Sunday laws. In the early days of the church in the mid 1800s, many Adventists in America were imprisoned for a short time for working in their fields on Sunday.

Seventh-day Adventists believe that Sunday worship will be legislated nationwide in the United States, and eventually world wide. Historically this was introduced into Seventh-day Adventist beliefs during its conception. It was stated that the Catholic church under the direction of the Pope will spearhead this legislation. It's believed that accepting this legislation—choosing to worship on Sunday vs. Saturday, and agreeing not to buy or sell on Sunday—is "taking the mark of the beast," the mark and the beast that is described in the book of Revelation in the Christian Bible. They believed persecution to the point of death will result from such legislation, and various Adventist-aligned ministries are known for their attempts to show the credulity of this belief today, despite statements by experts, Seventh-day Adventist leaders, and Seventh-day Adventist congressmen to the contrary. [Adventist News Network 12/13/96, "Sunday Laws not an Option Now"] [Des Moines Register 01/05/01, "Anti-Catholic Newspaper Ad"] [http://en.allexperts.com/q/Seventh-Day-Adventists-2318/National-Sunday-Law.htm "AllExperts.com: National Sunday Law"] ] Some Adventists, in lieu of such statements, have opted for alternative views of the fulfillment of this prophecy. [ [http://csda.us/news.html "Adventist News: Sunday Laws Not Likely"] ]

Arkansas

The sale of any "intoxicating alcoholic liquor" on Sunday is prohibited by state law. [ [http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/title00972.htm/subtitle01018.htm/chapter01023.htm/section01033.htm "Arkansas Code 3-3-210"] ] However, restaurants or hotels that have appropriate alcohol licenses and are in jurisdictions that voted to allow Sunday sales are allowed to serve alcohol on Sunday for on-premises consumption. [ [http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/title00972.htm/subtitle01374.htm/chapter01377.htm/section01392.htm "Arkansas Code 3-9-215"] ] The same rule applies to large attendance facilities. [ [http://www.arkleg.state.ar.us/NXT/gateway.dll/ARCode/title00972.htm/subtitle01374.htm/chapter01377.htm/section01393.htm "Arkansas Code 3-9-216"] ]

Bergen County, New Jersey

One of the last remaining blue laws in the United States that covers virtually all selling is found in Bergen County, New Jersey. [cite news |first= |last= |authorlink= |coauthors= |title=Sunday-Closing Law Retained in New Jersey County |url=http://query.nytimes.com/gst/fullpage.html?res=9F0CE7D8143CF930A35752C1A965958260 |quote=Efforts to repeal the 34-year-old ban on Sunday retailing in Bergen County, one of the country's richest shopping areas, were turned back easily today. ... Even if the county laws had been repealed, stores in Paramus would have remained closed because the community enforces its own ordinances against Sunday shopping and has vowed not to lift them|publisher=New York Times |date=November 3, 1993 |accessdate=2008-06-25 ] The borough of Paramus, New Jersey, one of the largest shopping meccas in the United States, has four major shopping malls that account for a significant proportion of the over $5 billion in annual retail sales generated in the borough, more than any other ZIP Code in the United States. [ [http://www.globest.com/retail/advisor/1_54/advisor/16788-1.html Paramus 07652] , GlobeSt. Retail, October 3, 2005] The borough retains blue laws that are even more restrictive than those imposed in the rest of the county, forbidding all forms of "worldly employment" on Sunday. The borough's ordinance cites the belief that "the physical, intellectual and moral good of the community requires a periodic day of rest from labor" among its reasons for the imposition of the restrictions. [Borough of Paramus, NJ - Chapter 391: SUNDAY ACTIVITIES § 391-1. Findings., Paramus, New Jersey. Accessed August 10, 2007.]

However, repeated attempts to lift the law have failed as voters either see keeping the law on the books as a protest against the growing trend toward increasing hours and days of commercial activity in American society or enjoy the sharply reduced traffic on major roads and highways on Sunday that is normally seen the other days of the week. In fact, a large part of the reason for maintaining the laws has been a desire for relative peace and quiet one day of the week by many Bergen County residents. [http://query.nytimes.com/gst/fullpage.html?res=950DE0D61339F937A35752C1A962948260 IN NEW JERSEY; PARAMUS BLUE LAWS CRIMP OFFICE LEASING] , "The New York Times", November 4, 1984. "Officials tried to regulate the effects of the tremendous growth on the borough by insisting that at least one day a week, Paramus be allowed to enjoy some of its former peace and quiet. In 1957, an ordinance was passed banning all "worldly employment" on Sundays, forcing all the new stores and malls built in the celery fields to close for the day."]

This desire for relative peace is most apparent in Paramus, where some of the county's largest shopping malls are located, along the intersecting highways of Route 4 and Route 17, which are jam-packed on many Saturdays. Paramus has enacted blue laws of its own that are even more restrictive than those enforced by Bergen County, [ [http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjcxN2Y3dnFlZUVFeXkyJmZnYmVsN2Y3dnFlZUVFeXk3MDEyODg1 Paramus mayor faces challenge] , "The Record (Bergen County)", October 31, 2006. "Both candidates said they would stand strong against any weakening of the blue laws, which keep most stores closed on Sunday, and would work to keep Paramus' laws the most restrictive in the state."] banning all forms of "worldly employment" on Sundays, including white collar workers in office buildings. Local Blue laws in Paramus were first proposed in 1957, while the Bergen Mall and Garden State Plaza were under construction. The legislation was motivated by fears that the two new malls would aggravate the already severe highway congestion caused by local retail businesses along the borough's highways. ["SUNDAY SELLING PLAGUING JERSEY; Local Businesses Pushing Fight Against Activities of Stores on Highways - Other Group Active Local Option Opposed", "The New York Times", June 2, 1957. p. 165]

Colorado

The sale of alcohol was prohibited statewide in Colorado on Sundays until 1 July 2008. Car sales remain prohibited on Sundays. [cite news | first=Fillion | last=Roger | coauthors= | title=State to put a cork in 'blue law' | date=2008-04-11 | publisher=Rocky Mountain News | url =http://www.rockymountainnews.com/news/2008/Apr/11/colorado-to-put-a-cork-in-blue-law/ | work = | pages = | accessdate = 2008-06-02 | language = ]

Connecticut

Since the founding of the puritanical theological colony of New Haven in 1638, Connecticut had some of the harshest blue laws in the country. Until the 1970s, no stores were allowed to open on Sundays, save Jewish-owned businesses, which had to be closed on Saturdays. To this day, liquor sales and hunting on Sundays are illegal, as well as watching pornography for which there is a jail sentence of up to 5 years for violating this law.Fact|date=August 2007

Georgia

The sale of alcohol is allowed statewide in Georgia on Sundays.On Sundays in most metro Atlanta counties alcohol can be purchased by the drink.

Massachusetts

Most Off-premises alcohol sales were not permitted on Sundays until 2004. Exceptions were made in 1990 for municipalities that fell within 10 miles of the New Hampshire or Vermont border. Since 1992 cities and towns statewide were able to sell on Sundays from the Sunday prior to Thanksgiving to New Years Day. In both exceptions sales were not allowed before noon. Since the law changed in 2004, off-premises sales are now allowed anywhere in the state, with local approval, after noon [cite news | first= Jenna | last=Russell | coauthors= | title=Sunday liquor sale ban to endRomney to sign law lifting the prohibition | date=2003-11-23 | publisher=Boston Globe | url =http://www.boston.com/news/local/articles/2003/11/23/sunday_liquor_sale_ban_to_end/ | work = | pages = | accessdate = 2008-08-16 | language = ] Retail alcohol sales remain barred on Christmas Day, New Year's Day (or the Monday following Christmas or New Year's Day should either fall on a Sunday).

Minnesota

The sale of alcohol in liquor stores is prohibited state-wide on Sundays. Also, car dealerships are not allowed to be open for sales on Sundays.

Mississippi

The sale of alcohol is prohibited in most of Mississippi on Sundays.

New York

Alcohol sales are not permitted between 4 AM and 8 AM on Sundays, although the window is being pushed up to 2 AM in certain areas. [ [http://www.rnews.com/Story_2004.cfm?ID=40448&rnews_story_type=18&category=10 Law Permits Earlier Booze Buying] ]

North Dakota

All retail stores, excluding grocery stores and drug stores, must remain closed between the hours of 12am and noon on Sundays. Car dealerships can't be open on Sundays. Until 1992, all retail stores were to remain closed all day on Sunday.

Pennsylvania

The sale of alcohol on Sundays was prohibited until 2003. To this day, hunting is prohibited on Sundays. Car dealerships are also prohibited from being open on Sundays.

outh Carolina

Blue laws in South Carolina were first enacted in colonial times, with Sunday being the prescribed day for Christians and Saturday the prescribed day for Jews.

As of today, South Carolina blue laws prohibit sporting events and most department stores from operating on Sundays before 1:30 PM, with a few exceptions for collegiate events. Alcohol in most counties is prohibited on Sunday.

From 1950 until 1983, the Southern 500 auto race in Darlington was held on Monday (Labor Day) because of blue laws; a 1983 NASCAR Budweiser Late Model Sportsman race at Darlington was 250 miles, not the traditional 200 miles, because it was run on the Sunday before the Southern 500, and state blue laws mandate a race distance of 250 miles for Sunday races. Also, the inaugural Rebel 300 resulted in a fine for track president Bob Colvin for holding it on a Sunday after the Saturday before was rained out; ironically, the Rebel 500 run 50 years later in 2007 was pushed from Saturday to Sunday and run at 1 PM, with the 250-mile exemption in place.

The 1978 Cooper River Bridge Run in Charleston was held on a Sunday, but drew complaints from churches; that led to the race being moved to Saturday in 1979, where it stands. The state's three marathons -- in Greenville, Kiawah Island, and Myrtle Beach -- are all held on Saturday. Myrtle Beach has a problem holding a marathon on Sunday because of numerous churches on the marathon courses. Greenville had been held on a Saturday in the first two years (2006-07) as that race can be held on Sunday because it runs through the Furman University campus. However, complaints have led the third Spinx Run Fest marathon in 2008 being moved to Saturday.

Texas

Prior to November 21, 2006 the city of Lubbock did not allow the sale of packaged alcohol within city limits on any day. This was was made farcical when the City Council voted 5-1 to annex to the city a section of land outside of the city limits, a privately owned conglomeration of liquor stores, called "The Strip" located on U.S. Highway 87 that sells packaged alcohol allowing the businesses to remain open and contributing a sales tax of 1.5%, or 10 cents for every 7 dollars, to the city.

The 5-1 vote made package alcohol sales legal within the city limits. There exist, however, significant barriers to entry for stores outside "The Strip" area to sell packaged alcohol. Due to City law, liquor sales will be limited to the newly annexed area.

Though within city limits, "The Strip" is exempt from the city's liquor laws.

Utah

Liquor stores are closed statewide on Sundays.Car lots are closed on Sundays

Virginia

Blue laws were repealed in Virginia in 1988. However, some businesses (including the state owned and operated “ABC “ liquor stores & the Ukrops grocery store chain); still observe them to some extent. Both stores are closed on Sundays (although ABC stores are slowly starting to open on Sunday in larger cities, based on population).

West Virginia

The sale of alcohol is prohibited statewide in West Virginia on Sundays. In some counties beer and wine may be purchased after 1 pm.

Canada

Ontario

Until 2006, in much of southern Ontario, it was illegal to hunt using a firearm on Sundays as part of the Lord's Day Act. The issue of whether or not to allow Sunday gun hunting has now been left up to each municipality to decide, many of them now allowing Sunday gun hunting. [ [http://www.ofah.org/Sunday.Hunt/ Sunday Gun Hunting ] ]

Court cases

The concept of a secular day of rest, not directly related to a religious day of rest, has been adduced as justification for retention of restrictions on commercial activity on Sunday.

The Supreme Court of Canada, in the case of "R. v. Big M Drug Mart Ltd.", [1985] (1 S.C.R. 295) ruled that the 1906 "Lord's Day Act" that required most places to be closed on Sunday did not have a legitimate secular purpose, and was an unconstitutional attempt to establish a religious-based closing law in violation of the Canadian Charter of Rights and Freedoms. However, the court later concluded, in R. v. Edwards Books and Art Ltd., [1986] (2 S.C.R. 713) that Ontario's Retail Business Holiday Act, which required some Sunday closings, did not violate the Charter because it did not have a religious purpose.

The Supreme Court of the United States held in its landmark case, "McGowan v. Maryland" (1961), that Maryland's blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution. It approved the state's blue law restricting commercial activities on Sunday, noting that while such laws originated to encourage attendance at Christian churches, the contemporary Maryland laws were intended to serve "to provide a uniform day of rest for all citizens" on a secular basis and to promote the secular values of "health, safety, recreation, and general well-being" through a common day of rest. That this day coincides with the Christian Sabbath is not a bar to the state's secular goals; it neither reduces its effectiveness for secular purposes nor prevents adherents of other religions from observing their own holy days. [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=366&invol=420 McGOWAN v. MARYLAND, 366 U.S. 420 (1961)] , Supreme Court of the United States, Decided May 29, 1961. Accessed August 10, 2007. "The present purpose and effect of most of our Sunday Closing Laws is to provide a uniform day of rest for all citizens; and the fact that this day is Sunday, a day of particular significance for the dominant Christian sects, does not bar the State from achieving its secular goals."] The status of blue laws vis-à-vis the Free Exercise Clause conceivably would have to be re-evaluated if challenged by an adherent of a religion which required the conduct of commerce on Sunday. Fact|date=May 2008

There were four landmark Sunday-law cases altogether in 1961. The other three were "Gallagher v. Crown Kosher Super Market of Mass., Inc.", 366 U.S. 617 (1961); "Braunfeld v. Brown", 366 U.S. 599 (1961); "Two Guys from Harrison vs. McGinley", 366 U.S. 582 (1961). [ [http://worldincrisis.org/NSLC/NSLC-9.htm The LANDMARK Cases] , National Sunday Law Crisis. Accessed May 21, 2008.]

According to KVIA-TV El Paso, in March 2006 Texas judges upheld the state Blue Law that requires car dealerships to close either Saturday or Sunday each weekend. [ [http://www.kvia.com/Global/story.asp?S=4669315 "'Blue Law' for car sales upheld by Judge"] , KVIA, March 22, 2006. Accessed May 28, 2008. "A Texas judge has upheld an old law that requires car dealerships in the Lone Star state to close one day each weekend. They must now choose to open either Saturday or Sunday."]

ee also

*Neo-prohibitionism
*Raines law
*Sunday shopping

References