Sunday Blue Law

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Sunday Blue Law historically refers to the prohibited sale of many things, including drinking, gambling, bear baiting, and cock fighting, on the Sabbath. Arkansas legislators crafted the first blue laws in 1837, the year after Arkansas' statehood. An 1853 law outlawed any "game of brag, bluff, poker, seven-up, three-up, 21, 13 cards, the odd trick, 45, whist, or any other game at cards." Though most of the blue laws have since been repealed, the state still regulates the sale and use of alcohol.

Some amendments hold local ordinances and legislative bodies responsible for voting and creating laws pertaining to the selling of alcohol in particular counties or townships. In some counties, for instance, the selling of alcohol is prohibited on Election Days, Christmas Day, and any other holiday deemed "dry" by local ordinance. Blue laws could be very complex in their regulation of moral behavior, but were often championed by retailers wishing to give employees time off and save money on a traditionally unpopular shopping day. M. M. Cohn vice-president Tad Phillips once remarked, "We prefer not to open on Sunday. We prefer to give our people a day off and for the type of customer we wish to appeal to. We don't know if Sunday's a shopping day." Religious authorities also weighed in. Reverend Harold Walls of the Arkansas Division of the Assemblies of God asserted, "Historically, the Assemblies of God have supported Sunday closing of all businesses, and an all-out observation of Sunday as the Lord's Day. I would favor, and think that a majority of Assembly of God people would support, blue laws." On the other hand, Reverend G. Truman Welch, associate rector of Little Rock's St. Mark's Episcopal Church noted, "I'm against all blue laws. I think that if it's wrong on Sunday, it should be wrong all the rest of the week. I don't quite get the moral of consistency of saying it's wrong one day and right all the rest of them. I don't see any reason for restricting people's freedom to do something which is legal the rest of the time."

At one time or other the state banned hunting and skeet shooting, horse racing, pool playing and bowling (excepting the pool tables owned by the Little Rock Athletic Association, motion pictures (before 1931), barbering, and roller coaster operation. In the 1960s the city of Little Rock banned sales of fresh Vienna sausage, pantyhose, and toilet paper, but put no similar restriction on bacon and bologna, baby clothes, or newspapers. Cooked meats and fish could be purchased on Sunday, but not if sold in jars, bottles, or cans. The city rescinded its confusing, and largely unenforceable, blue laws in 1973. Into the early 1980s, local businesses persisted in their Sunday blue law practices. Customers and business owners reported that stores sold cigarettes, but not matches; camera film, but not cameras; cokes, but not baby food; gasoline, but not toilet bowl plungers; pre-packaged snacks, but not loaves of bread.

In 1982 a state Supreme Court challenge led to the striking down of all Sunday blue laws enumerated under Act 135 of 1965. A 1987 change in state law allowed the Sunday sale of liquor in hotels and restaurants in four Arkansas cities: Little Rock, North Little Rock, Hot Springs, and Weiderkehr Village.

Many acts have amended the ability to sell, distribute, and otherwise obtain intoxicating liquor. Most laws limit the sale of alcoholic beverages for off-premise consumption to 7 am to 10 pm on weekdays, on-premise consumption sale is not allowed from 1 am to 7 am, and prohibit any sale of alcohol on Sundays (except by special permission with permit for on-premise consumption). Citizens found guilty of selling alcohol at any prohibited time may be found guilty of misdemeanor.

References

  • Richard Allin, "'Never on Sunday' Not So Anymore," Arkansas Democrat-Gazette, April 2, 1989.
  • Richard Allin, "Original Blue Laws Regulated Puritan Sabbath Day Activities, April 2, 1989.

External links


The state blue laws still stood when Little Rock's laws had been repealed. But with few exceptions, little attention was paid to them, and, after 1980, the Little Rock police made not a single arrest for blue laws violations. Then, as now, blue laws were designed to enforce morality as lawmakers understood it. Such "understanding" of morality in Arkansas led to statutory disaster.