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KROGER CO. v. O'HARA TP.

481 Pa. 101 (1978)

392 A.2d 266

The KROGER CO., a corporation and the Great Atlantic & Pacific Tea Company, Inc., a corporation, Appellants, v. O'HARA TOWNSHIP, McCandless Township and ROSS Township, Political Subdivisions, Appellees. The JAMESWAY CORPORATION, Appellant, v. CONEWANGO TOWNSHIP, Appellee. FISHERS BIG WHEEL, INC., a corporation, and Treasure Island Department Stores, Inc., a corporation, Appellants, v. Donald WILLIAMS, District Attorney of Lawrence County, Pennsylvania, Lieutenant Arnold Fonseca, Commander, Pennsylvania State Police, New Castle Station, Township of Neshannock, a Municipal Corporation, Township of Union, a Municipal Corporation, and Justice of the Peace, Betty Lou Kradel. COMMONWEALTH of Pennsylvania v. James Thomas GALLO, Appellant. COMMONWEALTH of Pennsylvania v. Gary Joseph DeMARCHIS, Appellant.

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Paul A. Manion, Gerald C. Paris, Joseph F. McDonough, Reed, Smith, Shaw & McClay, Pittsburgh, for appellant in No. 134.

Lisle A. Zehner, Zehner, Colville & Zehner, William M. Wycoff, Thorp, Reed & Armstrong, James W. Dunn, Jr., Pittsburgh, for appellees in No. 134.

Albert J. Zangrilli, Jr., Berkman, Ruslander, Pohl, Lieber & Engel, Pittsburgh, for appellant in Nos. 159 & 160.

No appearance for appellee in No. 159.

Robert Engel, Pittsburgh, for appellant in Nos. 160, 161 & 162.

Donald E. Williams, Dist. Atty., New Castle, for appellees in Nos. 160, 161 & 162.

William B. Ball, Harrisburg, amicus curiae, for Pa. Conference on Interchurch Cooperation.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.

OPINION

MANDERINO, Justice.

We are asked in five companion cases to decide the constitutionality of Pennsylvania's Sunday Trading Laws, popularly referred to as the "Blue Laws", which prescribe criminal sanctions for all labor, business, and commercial activities on Sunday, with noted exceptions. The Superior Court held that appellants' constitutional claims were foreclosed by earlier decisions of this Court and of the United States Supreme Court,

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