Blue law
Encyclopedia
A blue law is a type of law, typically found in the United States
and, formerly, in Canada
, designed to enforce religious standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping
. Most have been repealed, have been declared unconstitutional, or are simply unenforced; though prohibitions on the sale of alcoholic beverage
s or prohibitions of 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.
Laws of this type are also found in religious cultures such as in Israel
, where the day concerned is Saturday
rather than Sunday
, and most countries with Muslim
majority, where the month of Ramadan
is involved.
's old Blue Laws." In his 1781 book General History of Connecticut, the Reverend Samuel Peters
(1735–1826) used it to describe various laws first enacted by Puritan
colonies in the 17th century that prohibited various activities, recreational as well as commercial, on Sunday Sabbath (Saturday evening through Sunday night). 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 used in the 17th century as a disparaging reference to rigid moral codes and those who observed them, particularly in blue-stocking, a reference to Oliver Cromwell
's supporters in the parliament of 1653. 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. 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 Sunday Sabbath during the mid to late 19th 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.
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 Colorado
, Illinois
, Indiana
, Iowa
, Louisiana
, Maine
, Minnesota
, Missouri
, Oklahoma
, New Jersey
, 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
; similarly, Michigan
restricts Sunday sales to only those counties with a population of less than 130,000. 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.
for on and off-premise sales in one form or another on Sundays at some restricted time, under the rationale that people should be in church on Sunday morning, or at least not drinking.
Another feature of blue laws restricts the purchase of particular items on Sundays which is an unusual feature in modern American culture. Some of these laws still restrict the ability to buy cars, groceries, office supplies and housewares among other things. Though most of these laws have been relaxed or repealed in most states, they are still strictly enforced in some other states.
Some states still prohibit hunting in various degrees on Sundays.
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.
already had Sunday alcohol sales at bars and restaurants, with local ordinances to abide by, such as having a certain amount of food sales in order to be opened and serve alcohol. Exceptions were also made by the drink at festivals and large events.
Horse racing is prohibited on Sundays unless authorized by the local municipality.
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. Retail alcohol sales remain barred on Thanksgiving Day, Christmas Day, and Memorial Day. Hunting on Sunday is prohibited.
Massachusetts also has a "Day of Rest" statute that provides that all employees are entitled to one day off from work in seven calendar days.
Retail employees working on Sundays must be paid time-and-a-half.
Additionally, vehicle sales are banned on Sunday in counties having a population of 130,000 or more. Vehicle dealers who keep seventh-day Sabbath from sunset Friday to sunset Saturday may operate on Sundays instead.
Car dealerships are not allowed to be open for sales on Sunday.
banned the "singing of vain songs or tunes" on Sabbath.
One of the last remaining Sunday closing laws, in the United States
that covers selling electronics, clothing and furniture is found in Bergen County
, New Jersey
. Bergen County, part of the New York metropolitan area
, has one the largest concentrations of of enclosed retail shopping malls of any county in the nation; four major malls lie within the county. Paramus
in Bergen County, where three of the four major malls are located in, has even more restrictive blue laws than the county itself, banning all type of work on Sundays except in grocery stores, restaurants, and other entertainment venues. The Bergen County legislature recently wanted to abolish them, but residents who live near Garden State Plaza
objected.
Relatively few parts of New York actually permit alcohol sales at all times permissible under state law; most counties have more restrictive blue laws of their own.
NY State liquor authorities ban new permits for establishments on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship.
, the laws were changed permiting baseball only to be played on Sundays. In 1933, Bert Bell
, understanding that prerequisites to a NFL
franchise being granted to him were changes in the blue laws, he played the primary role of convincing then Governor Gifford Pinchot
to issue a bill before the Pennsylvanian legislature
to deprecate the Blue Laws. The legislature passed the bill in April 1933, paving the way for Philadelphia Eagles
to play on Sundays. The law also directed local communities to hold referendums to determine the status and extent of Blue Laws in their respective jurisdictions. On November 7, 1933, the referendum on the Blue Laws passed in Philadelphia and it became law.
Regarding alcohol, wines and spirits are to be sold only in the state owned Wine And Spirits shops
, where all prices must remain the same throughout the state (county sales tax may cause the price to differ slightly). Beer may only be purchased from a restaurant, bar, licensed beer store, or distributor. Six and twelve packs, along with individual bottles such as 40 ounce or 24 ounce beers, may only be purchased at bars, restaurants, and licensed retailers. For larger quantities one must go to a beverage distributor which sells beer only by the case or keg. Beverage distributors (which also sell soft drinks) may sell beer and malt liquor, but not wine or hard liquor.
Hunting is prohibited on Sundays, with the exception of fox
es, crow
s and coyote
s.
You cannot buy any alcohol (beer, wine, spirits) on Sundays before noon. Liquor stores are closed on Sundays and must be closed by nine o'clock every day of the week. Beer and wine can be sold at any retailer that can supply, but liquor (spirits) must be sold at specialized stores only.
Alcohol sales are prohibited on Sunday in West Virginia until 1:00 P.M. EST.
Calgary police officers witnessed several transactions at the Big M Drug Mart, all of which occurred on a Sunday. Big M was charged with a violation of the Lord's Day Act. A provincial court ruled that the Lord's Day Act was unconstitutional, but the Crown proceeded to appeal all the way to the Supreme Court of Canada
. In a unanimous 6-0 decision, the Lord's Day Act was ruled an infringement of the freedom of conscience and religion defined in section 2(a) of the Charter of Rights and Freedoms.
, 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 history
of observing Christian Sabbath tradition.
, all businesses except hospitals are made to close during Islamic prayers, held five times daily.
In R. v. Big M Drug Mart Ltd.
, [1985] (1 S.C.R. 295), the Canada Supreme Court
opined 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 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.
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).
In March 2006 Texas judges upheld the state blue law that requires car dealerships to close either Saturday or Sunday each weekend.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and, formerly, in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, designed to enforce religious standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping
Sunday shopping
Sunday shopping refers to the ability of retailers to operate stores on Sunday, a day that Christian tradition typically recognizes as the Sabbath, a "day of rest". Rules governing shopping hours, such as Sunday shopping, vary around the world but some European nations continue to ban Sunday shopping...
. Most have been repealed, have been declared unconstitutional, or are simply unenforced; though prohibitions on the sale of alcoholic beverage
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
s or prohibitions of 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.
Laws of this type are also found in religious cultures such as in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, where the day concerned is Saturday
Saturday
Saturday is the day of the week following Friday and preceding Sunday.Saturday is the last day of the week on many calendars and in conventions that consider the week as beginning on Sunday, or the sixth day of the week according to international standard ISO 8601 which was first published in...
rather than Sunday
Sunday
Sunday is the day of the week between Saturday and Monday. For most Christians, Sunday is observed as a day for worship of God and rest, due to the belief that it is Lord's Day, the day of Christ's resurrection....
, and most countries with Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
majority, where the month of Ramadan
Ramadan
Ramadan is the ninth month of the Islamic calendar, which lasts 29 or 30 days. It is the Islamic month of fasting, in which participating Muslims refrain from eating, drinking, smoking and sex during daylight hours and is intended to teach Muslims about patience, spirituality, humility and...
is involved.
History
The first occurrence of the phrase blue law so far found is in the New-York Mercury of March 3, 1755, where the writer imagines a future newspaper praising the revival of "our ConnecticutConnecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
's old Blue Laws." In his 1781 book General History of Connecticut, the Reverend Samuel Peters
Samuel Peters
Reverend Samuel Andrew Peters was a Connecticut Anglican clergyman and historian. A nephew, John Samuel Peters , served as Governor of Connecticut 1831-33...
(1735–1826) used it to describe various laws first enacted by Puritan
Puritan
The Puritans were a significant grouping of English Protestants in the 16th and 17th centuries. Puritanism in this sense was founded by some Marian exiles from the clergy shortly after the accession of Elizabeth I of England in 1558, as an activist movement within the Church of England...
colonies in the 17th century that prohibited various activities, recreational as well as commercial, on Sunday Sabbath (Saturday evening through Sunday night). 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 used in the 17th century as a disparaging reference to rigid moral codes and those who observed them, particularly in blue-stocking, a reference to Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
's supporters in the parliament of 1653. 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. 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
False etymology
Folk etymology is change in a word or phrase over time resulting from the replacement of an unfamiliar form by a more familiar one. Unanalyzable borrowings from foreign languages, like asparagus, or old compounds such as samblind which have lost their iconic motivation are...
. 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 Sunday Sabbath during the mid to late 19th 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.
Many European countries still place strong restrictions on store opening hours on Sundays, an example being Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
's Ladenschlussgesetz
Ladenschlussgesetz
In the Federal Republic of Germany, the Ladenschlussgesetz or "Shop Closing Law" is the federal law regulating at which times retail stores were required to be closed to the public...
.
In Henry Taber's Faith or Fact, he writes:
In Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, for example, blue laws prohibited selling housewares such as pots, pans, and washing machines on Sunday until 1985. In Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
, Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, and Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
, car dealerships continue to operate under blue-law prohibitions in which an automobile may not be purchased or traded on a Sunday. Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
permits Sunday automobile sales only in the counties of Prince George's
Prince George's County, Maryland
Prince George's County is a county located in the U.S. state of Maryland, immediately north, east, and south of Washington, DC. As of 2010, it has a population of 863,420 and is the wealthiest African-American majority county in the nation....
, Montgomery
Montgomery County, Maryland
Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
, and Howard
Howard County, Maryland
-2010:Whereas according to the 2010 U.S. Census Bureau:*62.2% White*17.5% Black*0.3% Native American*14.4% Asian*0.0% Native Hawaiian or Pacific Islander*3.6% Two or more races*2.0% Other races*5.8% Hispanic or Latino -2000:...
; similarly, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
restricts Sunday sales to only those counties with a population of less than 130,000. Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
and Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
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.
Examples of blue laws in the United States today by state
Many states still prohibit selling alcoholAlcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
for on and off-premise sales in one form or another on Sundays at some restricted time, under the rationale that people should be in church on Sunday morning, or at least not drinking.
Another feature of blue laws restricts the purchase of particular items on Sundays which is an unusual feature in modern American culture. Some of these laws still restrict the ability to buy cars, groceries, office supplies and housewares among other things. Though most of these laws have been relaxed or repealed in most states, they are still strictly enforced in some other states.
Some states still prohibit hunting in various degrees on Sundays.
Blue laws may also prohibit retail activity on days other than Sunday. In Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, 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.
Arkansas
The sale of any "intoxicating alcoholic liquor" on Sunday is prohibited by state law. 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. The same rule applies to large attendance facilities.Georgia
Sunday retail alcohol sales in stores were prohibited by the Georgia General Assembly up until 2011. On April 28, 2011 Georgia Governor Nathan Deal signed legislation allowing local communities to vote on whether to allow alcohol sales on Sundays. On November 8, 2011, voters in more than 100 Georgia cities and counties cast ballots on whether or not to allow stores to sell alcohol on Sundays. It passed in Valdosta, Atlanta, Savannah and many other cities. Before this, cities and counties of sufficiently large populations such as most of Metro AtlantaMetro Atlanta
The Atlanta metropolitan area or metro Atlanta, officially designated by the US Census Bureau as the Atlanta-Sandy Springs-Marietta Metropolitan Statistical Area, is the most populous metro area in the U.S. state of Georgia and the ninth-largest metropolitan statistical area in the United States...
already had Sunday alcohol sales at bars and restaurants, with local ordinances to abide by, such as having a certain amount of food sales in order to be opened and serve alcohol. Exceptions were also made by the drink at festivals and large events.
Illinois
Car sales are prohibited on Sundays.Horse racing is prohibited on Sundays unless authorized by the local municipality.
Indiana
Off-premises alcohol sales are completely prohibited on Sundays. Restaurants and taverns generally still serve it. Additionally, alcohol sales are prohibited on Christmas Day. A recent change in legislation now allows Indiana residents to purchase alcohol on Election Day after all polls are closed. Vehicle sales are also banned on Sundays.Maine
Maine was the last New England State to take off the books laws that prohibited department stores from opening on Sundays. The laws against the department stores opening on Sundays were ended by referendum in 1990. Recent efforts to overturn the laws restricting automobile dealerships from opening on Sunday have died in committee in the Maine legislature. Rep. Don Pilon of Saco has led the effort to get rid of the laws that prohibit automobile dealerships from opening for business on Sundays. Hunting is prohibited on Sundays.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 HampshireNew Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
or Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
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. Retail alcohol sales remain barred on Thanksgiving Day, Christmas Day, and Memorial Day. Hunting on Sunday is prohibited.
Massachusetts also has a "Day of Rest" statute that provides that all employees are entitled to one day off from work in seven calendar days.
Retail employees working on Sundays must be paid time-and-a-half.
Michigan
The sale of alcohol is banned from 2 a.m. to 7 a.m. Monday through Sunday. The only exception to this rule is New Year's Day, in which case alcohol sales are permitted until 4 a.m. Alcohol sale was likewise banned on Sundays until 12p.m., and on Dec. 25 from 12 a.m. until 12 p.m, until a repeal in late 2010. Specific localities may petition for exceptions for either on-site or off-site consumption.Additionally, vehicle sales are banned on Sunday in counties having a population of 130,000 or more. Vehicle dealers who keep seventh-day Sabbath from sunset Friday to sunset Saturday may operate on Sundays instead.
Minnesota
The sale of alcohol in liquor stores is prohibited state-wide on Sundays. As of 2011, a bill has been proposed in the state legislature to end the prohibition on Sunday liquor sales.Car dealerships are not allowed to be open for sales on Sunday.
Mississippi
The sale of alcohol is prohibited in most of Mississippi on Sundays. Also, the sale of liquor is not allowed at all in nearly half of the state's counties.Missouri
The sale of alcohol is prohibited from 1:30 a.m. to 6:00 a.m. Monday through Saturday. Alcohol sales on Sunday are allowed from 9:00 a.m. to midnight subject to an additional liquor license fee.New Jersey
In 1677, the General Assembly of East New JerseyEast Jersey
The Province of East Jersey and the Province of West Jersey were two distinct, separately governed parts of the Province of New Jersey that existed as separate provinces for 28 years, between 1674 and 1702. East Jersey's capital was located at Perth Amboy...
banned the "singing of vain songs or tunes" on Sabbath.
One of the last remaining Sunday closing laws, in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that covers selling electronics, clothing and furniture is found in Bergen County
Bergen County, New Jersey
Bergen County is the most populous county of the state of New Jersey, United States. As of the 2010 United States Census, its population was 905,116. The county is part of the New York City Metropolitan Area. Its county seat is Hackensack...
, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
. Bergen County, part of the New York metropolitan area
New York metropolitan area
The New York metropolitan area, also known as Greater New York, or the Tri-State area, is the region that composes of New York City and the surrounding region...
, has one the largest concentrations of of enclosed retail shopping malls of any county in the nation; four major malls lie within the county. Paramus
Paramus, New Jersey
Paramus is a borough in Bergen County, New Jersey, United States. As of the 2010 United States Census, the borough population was 26,342. A suburb of New York City, Paramus is located between 15–20 miles northwest of Midtown Manhattan and approximately west of Upper Manhattan.Paramus is one of...
in Bergen County, where three of the four major malls are located in, has even more restrictive blue laws than the county itself, banning all type of work on Sundays except in grocery stores, restaurants, and other entertainment venues. The Bergen County legislature recently wanted to abolish them, but residents who live near Garden State Plaza
Westfield Garden State Plaza
Westfield Garden State Plaza is an upscale shopping mall in Paramus, Bergen County, New Jersey, United States, owned and managed by the Westfield Group and located at the intersection of Route 4 and Route 17 near the Garden State Parkway...
objected.
New York
Alcohol sales for consumption off-premises are not permitted between 4 AM and 8 AM on Sundays, while on-premises sales are not permitted between 4 AM and 8 AM on any day. Liquor stores are also required to close one day per week, on a day of the store's choosing. Prior to 2006, off-premises alcohol sales were forbidden until noon on Sundays, and liquor/wine stores were required to be closed the entire day. Because grocery stores are not permitted to carry wine or liquor, the older law essentially meant that only beer and alcoholic malt beverages could be purchased at all on Sundays.Relatively few parts of New York actually permit alcohol sales at all times permissible under state law; most counties have more restrictive blue laws of their own.
NY State liquor authorities ban new permits for establishments on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship.
North Carolina
North Carolina does not allow alcohol sales between 2am and 7am Monday through Saturday or before noon on Sundays.North Dakota
North Dakota may have the strictest remaining blue law of the United States. Many goods and items are restricted from being sold between 12am Sunday morning and 12pm Sunday afternoon, rendering virtually all retailers closed in those hours, including malls and large retail chains such as Walmart. Prior to 1991 the law was stricter, when changes more clearly defined which businesses were exempt such as pharmacies, hospitals, and restaurants. The 1991 change also allowed businesses to open at 12pm on Sunday. Previously the laws were in effect all of Sunday until midnight. The changes were made after a 1991 blizzard, after which citizens were not able to purchase some needed goods and services due to the blue law.Oklahoma
It is illegal to sell packaged liquor (off-premises sales) on Sundays. Sales also are prohibited on Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Car dealerships are also closed on Sundays.Pennsylvania
Organized sports competition on Sundays was illegal in Pennsylvania until 1931, when challenged by the Philadelphia A'sOakland Athletics
The Oakland Athletics are a Major League Baseball team based in Oakland, California. The Athletics are a member of the Western Division of Major League Baseball's American League. From to the present, the Athletics have played in the O.co Coliseum....
, the laws were changed permiting baseball only to be played on Sundays. In 1933, Bert Bell
Bert Bell
De Benneville "Bert" Bell was the National Football League commissioner from 1946 until his death in 1959. As commissioner, he helped chart a path for the NFL to facilitate its rise in becoming the most popular sports attraction in the United States...
, understanding that prerequisites to a NFL
National Football League
The National Football League is the highest level of professional American football in the United States, and is considered the top professional American football league in the world. It was formed by eleven teams in 1920 as the American Professional Football Association, with the league changing...
franchise being granted to him were changes in the blue laws, he played the primary role of convincing then Governor Gifford Pinchot
Gifford Pinchot
Gifford Pinchot was the first Chief of the United States Forest Service and the 28th Governor of Pennsylvania...
to issue a bill before the Pennsylvanian legislature
Pennsylvania General Assembly
The Pennsylvania General Assembly is the state legislature of the U.S. state of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times , the legislature was known as the Pennsylvania Provincial Assembly. Since the Constitution of 1776, written by...
to deprecate the Blue Laws. The legislature passed the bill in April 1933, paving the way for Philadelphia Eagles
Philadelphia Eagles
The Philadelphia Eagles are a professional American football team based in Philadelphia, Pennsylvania. They are members of the East Division of the National Football Conference in the National Football League...
to play on Sundays. The law also directed local communities to hold referendums to determine the status and extent of Blue Laws in their respective jurisdictions. On November 7, 1933, the referendum on the Blue Laws passed in Philadelphia and it became law.
Regarding alcohol, wines and spirits are to be sold only in the state owned Wine And Spirits shops
Pennsylvania Liquor Control Board
The Pennsylvania Liquor Control Board is an independent government agency that manages the beverage alcohol industry in Pennsylvania. It is responsible for licensing the possession, sale, storage, transportation, importation, and manufacture of wine, spirits, and malt or brewed beverages in the...
, where all prices must remain the same throughout the state (county sales tax may cause the price to differ slightly). Beer may only be purchased from a restaurant, bar, licensed beer store, or distributor. Six and twelve packs, along with individual bottles such as 40 ounce or 24 ounce beers, may only be purchased at bars, restaurants, and licensed retailers. For larger quantities one must go to a beverage distributor which sells beer only by the case or keg. Beverage distributors (which also sell soft drinks) may sell beer and malt liquor, but not wine or hard liquor.
Hunting is prohibited on Sundays, with the exception of fox
Fox
Fox is a common name for many species of omnivorous mammals belonging to the Canidae family. Foxes are small to medium-sized canids , characterized by possessing a long narrow snout, and a bushy tail .Members of about 37 species are referred to as foxes, of which only 12 species actually belong to...
es, crow
Crow
Crows form the genus Corvus in the family Corvidae. Ranging in size from the relatively small pigeon-size jackdaws to the Common Raven of the Holarctic region and Thick-billed Raven of the highlands of Ethiopia, the 40 or so members of this genus occur on all temperate continents and several...
s and coyote
Coyote
The coyote , also known as the American jackal or the prairie wolf, is a species of canine found throughout North and Central America, ranging from Panama in the south, north through Mexico, the United States and Canada...
s.
Texas
Car dealerships must remain closed on either Saturday or Sunday, at the option of the dealer.You cannot buy any alcohol (beer, wine, spirits) on Sundays before noon. Liquor stores are closed on Sundays and must be closed by nine o'clock every day of the week. Beer and wine can be sold at any retailer that can supply, but liquor (spirits) must be sold at specialized stores only.
Virginia
Traditional forms of hunting on Sunday are illegal, except for raccoons which may be pursued until 2 a.m., hunting on licensed hunting preserves, use of dogs all day to hunt bear, raccoon and fox.West Virginia
Hunting on Sunday is illegal in 41 of 55 counties.Alcohol sales are prohibited on Sunday in West Virginia until 1:00 P.M. EST.
Canada
The Lord's Day Act, which since 1906 had prohibited business transactions from taking place on Sundays, was struck down as unconstitutional in the 1985 case R. v. Big M Drug Mart Ltd.R. v. Big M Drug Mart Ltd.
R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, is a landmark decision by Supreme Court of Canada where the Court struck down the Lord's Day Act for violating section 2 of the Canadian Charter of Rights and Freedoms...
Calgary police officers witnessed several transactions at the Big M Drug Mart, all of which occurred on a Sunday. Big M was charged with a violation of the Lord's Day Act. A provincial court ruled that the Lord's Day Act was unconstitutional, but the Crown proceeded to appeal all the way to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. In a unanimous 6-0 decision, the Lord's Day Act was ruled an infringement of the freedom of conscience and religion defined in section 2(a) of the Charter of Rights and Freedoms.
Cook Islands
In the Cook IslandsCook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, blue laws were first written legislation, enacted by the London Missionary Society
London Missionary Society
The London Missionary Society was a non-denominational missionary society formed in England in 1795 by evangelical Anglicans and Nonconformists, largely Congregationalist in outlook, with missions in the islands of the South Pacific and Africa...
in 1827, with the consent of ariki
Ali'i
Alii is a word in the Polynesian language denoting chiefly status in ancient Hawaii and the Samoa Islands. A similar word with the same concept is found in other Polynesian societies. In the Cook Islands, an ariki is a high chief and the House of Ariki is a parliamentary house...
(chiefs). In Tonga
Tonga
Tonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...
, the Vava'u Code
Vava'u Code
The Vava'u Code was instituted in Vava'u, Tonga in 1839, by Tu'i Tonga George Tupou I. It contained the country's first ever written laws, and formed the bases of the first constitution of the Kingdom....
(1839) was inspired by Methodist
Methodism
Methodism is a movement of Protestant Christianity represented by a number of denominations and organizations, claiming a total of approximately seventy million adherents worldwide. The movement traces its roots to John Wesley's evangelistic revival movement within Anglicanism. His younger brother...
missionary
Missionary
A missionary is a member of a religious group sent into an area to do evangelism or ministries of service, such as education, literacy, social justice, health care and economic development. The word "mission" originates from 1598 when the Jesuits sent members abroad, derived from the Latin...
teachings, and was a form of blue law. In Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
, certain activities remain forbidden on Sunday, reflecting the country's history
History of Niue
Niue was first settled by Polynesian sailors from Tonga around 900 AD. Further settlers arrived from Samoa around 1440 AD.-Early history:Until the beginning of the 18th century, there appears to have been no national government or national leader in Niue. Before that time, chiefs and heads of...
of observing Christian Sabbath tradition.
Israel
Running most public transportation from Friday evenings to Saturday evenings is banned in Israel.Islamic countries
In Saudi ArabiaSaudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, all businesses except hospitals are made to close during Islamic prayers, held five times daily.
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.In R. v. Big M Drug Mart Ltd.
R. v. Big M Drug Mart Ltd.
R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, is a landmark decision by Supreme Court of Canada where the Court struck down the Lord's Day Act for violating section 2 of the Canadian Charter of Rights and Freedoms...
, [1985] (1 S.C.R. 295), the Canada Supreme Court
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
opined 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
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
-based closing law in violation of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. However, the court later concluded, in R. v. Edwards Books and Art Ltd.
R. v. Edwards Books and Art Ltd.
R. v. Edwards Books and Art Ltd. [1986] 2 S.C.R. 713 is a leading Supreme Court of Canada decision on the constitutional validity of an Ontario provincial Sunday closing law...
, [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
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held in its landmark case, McGowan v. Maryland
McGowan v. Maryland
McGowan v. Maryland, 366 U.S. 420 , was a United States Supreme Court case in which the court held that laws with religious origins are not unconstitutional if they have secular purpose.-Background:...
(1961), that Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
's blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. It approved the state's blue law restricting commercial activities on Sunday, noting that while such laws originated to encourage attendance at Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
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 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.
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
Braunfeld v. Brown
Braunfeld v. Brown, 366 U.S. 599 , was a case decided by the United States Supreme Court. In a 6-3 decision, the Court held that a Pennsylvania law forbidding the sale of various retail products on Sunday was not an unconstitutional interference with religion as described in the First Amendment to...
, 366 U.S. 599 (1961); Two Guys from Harrison vs. McGinley, 366 U.S. 582 (1961).
In March 2006 Texas judges upheld the state blue law that requires car dealerships to close either Saturday or Sunday each weekend.
See also
- DesuetudeDesuetudeIn law, desuetude is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete...
- Dry countyDry countyA dry county is a county in the United States whose government forbids the sale of alcoholic beverages. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Hundreds of dry counties exist across the United States, almost all of them in the South...
- Neo-prohibitionismNeo-prohibitionismNeo-prohibitionism is the belief that the influence of alcohol in society should be reduced through legislation and policies which further restrict the sale and possession of alcohol in order to reduce average per capita consumption and change social norms to reduce its acceptability.-Use of the...
- Raines lawRaines lawThe Raines law was passed on March 23, 1896, by the New York State Legislature. It was nominally a liquor tax, but its intention was to curb the consumption of alcohol by imposing regulations....
- ShariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
- Sunday shoppingSunday shoppingSunday shopping refers to the ability of retailers to operate stores on Sunday, a day that Christian tradition typically recognizes as the Sabbath, a "day of rest". Rules governing shopping hours, such as Sunday shopping, vary around the world but some European nations continue to ban Sunday shopping...
- Sundown townSundown townA sundown town is a town that is or was purposely all-White. The term is widely used in the United States in areas from Ohio to Oregon and well into the South. The term came from signs that were allegedly posted stating that people of color had to leave the town by sundown...