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CITY OF LYONS v. SUTTLE

No. 46,380

209 Kan. 735 (1972)

498 P.2d 9

CITY OF LYONS, Appellant, v. MONTY SUTTLE, Defendant. CITY OF LYONS, Appellant, v. TIM NEWMAN, Defendant.

Supreme Court of Kansas.

Opinion filed June 16, 1972.

Attorney(s) appearing for the Case

Firman G. Gladow, of Lyons, argued the cause and was on the brief for the appellant.

Wendell E. Yockey, of Topeka, was on the brief for the League of Kansas Municipalities, Amicus Curiae.

The opinion of the court was delivered by

FROMME, J.:

The question to be answered in this appeal is whether Section 2 of an ordinance of the City of Lyons, Kansas, which prohibits any person, while in a vehicle upon the public ways and streets of that city, from drinking cereal malt beverage or from having in his possession an open container of cereal malt beverage is constitutionally permissible.

The defendants, Monty Suttle and Tim Newman, were arrested...

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