Lakeside Imports, Inc. v. State

639 So. 2d 253, 1994 La. LEXIS 1870, 1994 WL 319503
Supreme Court of Louisiana·Decided July 5, 1994·No. 94-C-0191·Published·Cited by 18 cases

Opinion

639 So.2d 253 (1994)

LAKESIDE IMPORTS, INC.
v.
STATE of Louisiana.

No. 94-C-0191.

Supreme Court of Louisiana.

July 5, 1994.

*254 Ralph Everett Hood, Kizer, Hood & Morgan, for applicant.

Richard P. Ieyoub, Atty. Gen., Roy Achille Mongrue, Jr., La. Dept. of Justice, John C. Adcock, Brook, Morial, Cassibry & Pizza, for respondent.

MELVIN A. SHORTESS, Justice Pro Tem.[*]

Lakeside Imports, Inc. (plaintiff), a motor vehicle dealer licensed by the State of Louisiana to engage in the sale of new and used cars and trucks, sued the State of Louisiana seeking declaratory and injunctive relief from the application of LSA-R.S. 51:193. The Louisiana Auto Dealers Association intervened in the suit, uniting with the State in defense of the suit. Plaintiff contends R.S. 51:193 is unconstitutional because the statute violates its right to equal protection, deprives it of a property right without due process of *255 law, and is a "special" law enacted without compliance with the requirements of Article III, Section 13, of the Louisiana Constitution. The trial court dismissed plaintiff's suit, and the court of appeal affirmed that dismissal. 634 So.2d 891 We granted certiorari to address the issue of the constitutionality of this statute.

The statute in question, LSA-R.S. 51:193, provides as follows:

No motor vehicle dealer licensed pursuant to Title 32 of the Louisiana Revised Statutes of 1950 who is engaged in the sale of new or used cars or trucks may be open on Sunday.

The statute is one of the last vestiges of the statewide mandatory Sunday closing laws which have existed in various forms in this state since 1886. Act 1 of 1986 amended and reenacted R.S. 51:191, 192, and 193, and repealed R.S. 51:194 and 195. The Act effectively repealed all other statewide Sunday closing laws contained in Title 51 but allowed the governing authority of any parish or municipality to adopt ordinances regulating Sunday sales.[1]

Plaintiff is an automobile dealership in Jefferson Parish. It seeks the right to open its entire operation (service and parts departments as well as new and used car sales) on Sundays. Plaintiff's owner, Tony Gullo, also owns several dealerships in Texas, including one in Houston which is open on Sundays. Keith Hanks, plaintiff's vice president and general manager, stated the main reason he wants to open on Sunday is to make shopping more convenient for the customer. Hanks admitted, however, that plaintiff has some "selfish motives" in wanting to open on Sundays; it wants to gain a competitive advantage.

Plaintiff faces a heavy burden of proof in this case. Statutes are presumed to be valid, and the burden of proving that an act is unconstitutional is upon the party attacking the act. Moore v. Roemer, 567 So.2d 75, 78 (La.1990). Unless fundamental rights, privileges, and immunities are involved, the presumption that the statute is constitutional is strong, and the party attacking the statute has the burden of proving unconstitutionality by clear and convincing evidence. Ex rel. the Minor Child, J.M., 590 So.2d 565, 572 (La. 1991); Board of Directors v. All Taxpayers, 529 So.2d 384, 387-388 (La.1988).

Plaintiff contends, however, that R.S. 51:193 deprives him of a "fundamental right"—his property right to pursue his lawful trade without substantial government interference. In Banjavich v. Louisiana Licensing Board for Marine Divers, 237 La. 467, 111 So.2d 505 (1959), this court held that pursuit of a legal occupation is a property right. 237 La. at 485, 111 So.2d at 511. The Banjavich court stated that "to deprive a person of his right to pursue his chosen calling deprives him of his liberty, and to prevent his continuing in a lawful business or pursuit in which he is already engaged deprives him of his property...." 237 La. 467, 111 So.2d at 512, quoting State v. Chisesi, 187 La. 675, 175 So. 453, 457 (1937).

Plaintiff relies on Banjavich and West v. Town of Winnsboro, 252 La. 605, 211 So.2d 665 (La.1967), in which we expanded the concept of property rights to include "any civil right of a pecuniary nature," which includes "the right to pursue employment or to conduct a business." 252 La. at 618, 211 So.2d at 670. We held in West that the constitutional protection of property rights extends to "any substantial interference produced by unconstitutional legislation." Id.

In order to prove deprivation of a fundamental right, a plaintiff has to prove substantial interference with his right to conduct his business and earn a living. Here plaintiff clearly is not being deprived of his right to engage in the sale of new and used cars and trucks and has produced no evidence it has suffered a pecuniary loss by being forced to close on Sunday.[2] When *256 questioned regarding whether more cars could be sold if dealers were open on Sunday, Hanks stated the number of cars sold in the state is "probably a fixed figure...." When asked to articulate how much business plaintiff had lost in sales of parts and service because of the Sunday closing law, Hanks replied, "Ask me in six months." Because plaintiff has failed to prove substantial interference with its business, it has failed to prove deprivation of a fundamental right.

Sunday closing laws are not per se unconstitutional. McGowan v. State of Maryland, 366 U.S. 420, 81 S.Ct. 1101, 6 L.Ed.2d 393 (1961); Harry's Hardware v. Parsons, 410 So.2d 735, 737 (La.), cert. denied, 459 U.S. 881, 103 S.Ct. 178, 74 L.Ed.2d 145 (1982). An individual's right to dispose of private property is subject to reasonable statutory restrictions and the reasonable exercise of the police power. La. Const. art. I, § 4. When a statute does not interfere with fundamental personal rights or draw upon inherently suspect distinctions such as race or religion, the jurisprudence requires only that the classification challenged be rationally related to a legitimate state interest. City of New Orleans v. Dukes, 427 U.S. 297, 301-305, 96 S.Ct. 2513, 2516-2517, 49 L.Ed.2d 511 (1976); Harry's Hardware, 410 So.2d at 737.

LSA-R.S. 51:193 is purely economic legislation. Thus, to determine whether it passes constitutional muster under the due process clause, we must determine whether the challenged statute bears any rational relationship to a legitimate state objective. The preamble to Act 1 of 1986 provides no guidance as to the purpose of the statute. LSA-R.S. 51:194(C), the former statute setting forth the purpose of the Sunday closing laws (which also contained authorization for injunctive relief for violation of the laws), was repealed by Act 1. However, we are aided in ascertaining legitimate state objectives for this statute by the testimony of the State's witnesses.

The State presented the testimony of four auto dealers. The parties stipulated that if five additional dealers testified, their testimony regarding the economic reasons for the Sunday closing law would be the same as the first four. These dealers stated (and even the plaintiff's witnesses agreed) there are only a finite number of cars to be sold; automobiles generally are not impulse purchases.

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Lakeside Imports, Inc. v. State, 639 So. 2d 253, 1994 La. LEXIS 1870, 1994 WL 319503 (La. 1994).

639 So. 2d 253 (Lakeside Imports, Inc. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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