Bargain City U.S.A. v. Dilworth‪.‬

In this appeal, Bargain City U.S.A., Inc., appellant, attacks the validity of the Act of August 10, 1959, P.L. 660, § 1, 18 PS § 4699.10, which prohibits the Sunday retail sale of certain specified commodities. Although appellant initially attacked the statute upon a variety of grounds under the federal constitution, these issues have been foreclosed by the decision of the United States Supreme Court in Two Guys from Harrison v. McGinley, 366 U.S. 582, 6 L.Ed.2d 551, 81 S.Ct. 1135 (1961). Appellant now asserts only two bases for the alleged invalidity: (1) that the act violates Article III, § 7, of the Pennsylvania Constitution in that it is a local or special law regulating labor or trade and (2) that the act violates the fourteenth amendment to the United States Constitution because its enforcement has been conducted in a discriminatory manner by the Philadelphia officials charged with the duty of enforcement.