Generally, an Ordinance Regulating Public Sale of Goods, Which has Reasonable Relation to the Public Health, Safety, Morality, and Welfare and that is not Arbitrary, Prohibitive or Discriminatory is Held Valid

The Supreme Court of Connecticut in State v. Gordon, 143 Conn. 698 (Conn. 1956) held that the legislative body has the power and authority to adopt an ordinance as required.  However, to be valid, the legislation should be related to public health and welfare and must not be arbitrary, prohibitive or discriminatory.  This case involved an ordinance which regulated auction sales.  Whenever people gather, especially after dark, there are possibilities of problems creeping in that would affect the orderly life of the public.  Therefore, government bodies can adopt regulations to regulate such business. 

In this case, the Defendant was charged with the violation of the Stratford town ordinance.  The said ordinance prohibited auction sale of any merchandise on Sunday and after 6 o'clock in the afternoon of any day.  The Defendant was convicted for selling merchandise at public auction violating permissible time limits.   The Court of Common Pleas found the Defendant guilty.   Subsequently, the Court sought review of this judgment.   The Defendant challenged the conviction alleging that the ordinance was constitutionally invalid and was not adopted as required by law.   

The Court held that the ordinance is an exercise of the police power. Id. at 702.  This power is conferred upon the town by statute. Id.  It comprehends a system of internal regulation, to preserve order and peace. Id.  The power is exercised to prevent crimes and to enable people to live together in close association, preserving individual rights without infringing similar rights enjoyed by others in the community. Id. 
However, a regulation made under the police power must be reasonably related to the public health, safety, morality and welfare to be constitutionally valid. Id. at 703.  (citing Calve Bros. Co. v. Norwalk, 143 Conn. 609, 616, 124 A.2d 881; Amsel v. Brooks, 141 Conn. 288, 294, 106 A.2d 152; Corthouts v. Newington, 140 Conn. 284, 288, 99 A.2d 112).

The Court stated that the legislative body could make the judgment call and decide whether the times and conditions require legislative regulation and also decide the degree of regulation required. Id.  In the instant case, the town council of Stratford was the legislative body. Id.  Courts could interfere in the ordinance made by legislative bodies only in extreme cases where the action taken is unreasonable, discriminatory or arbitrary. Id. (internal citations omitted).   The Court added, in cases where the constitutionality of an ordinance is challenged, the court presumes validity and upholds the legislation unless it clearly violates principles that are unconstitutional. Id.  (internal citations omitted). 

Sale of merchandise to the public is a business that affects many people in different ways. Id. at 704.  Therefore, a legislation regulating such business and which has a reasonable relation to the public good and is not arbitrary, prohibitive or discriminatory has generally been sustained. Id.  (internal citations omitted.  In this case, the Court observed that the auction sale in which the Defendant sold an item of merchandise (and was consequently arrested) was a key operation in the business. Id.  The Court found that there were originally three such auction establishments in the town which aimed to attract the public. Id.  at 704-05  One of the auctions was conducted on two days/week, and another on a different day. Id.  People from other towns floated to this town in large numbers resulting in heavy volume of automobile traffic. Id.  Thousands (6000-7000) of people came to the auction market and 90 per cent of them came in automobiles. Id. 

Such method of doing business would bring crowds of people together during relatively short periods of time in the evening. Id.  The Court noted that, when such crowds assemble, especially after dark, whether at regular or irregular periods, problems concerning the safety, health and morality which affect orderly and peaceful living of the public are likely to arise. Id.  Local government bodies can make regulations that they deem fit in order to regulate such situations. Id.  The Court stated that, in Connecticut, the time when darkness falls varies from 4:30 o'clock in the afternoon during midwinter to 7:30 o'clock in the evening during midsummer. Id.  From these facts it is clear that in this case there were one or more factors which made the particular legislation reasonable and proper as an exercise of the police power. Id. 

The Court also rejected Defendant's allegation that the ordinance was discriminatory because an auctioneer licensed pursuant to Conn. Gen. Stat. § 990b was permitted to sell beyond the time prescribed in the ordinance. The Court held that the fact that the ordinance acted in a more comprehensive manner and did not render it discriminatory.  The Court upheld the lower court’s decision.