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METRO. GOVERNMENT OF NASHVILLE v. SHAW

721 S.W.2d 799 (1986)

METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, Appellant, v. Ronald D. SHAW, Appellee.

Supreme Court of Tennessee, at Nashville.

December 8, 1986.

Attorney(s) appearing for the Case

Mary S. Foust, Metropolitan Atty., Nashville, for appellee.

OPINION

COOPER, Justice.

This is an appeal from a judgment holding unconstitutional Metropolitan Government Ordinance 5-1-23.2, prohibiting "brown-bagging" in establishments licensed to sell beer for on-premises consumption, and dismissing a misdemeanor warrant charging Ronald Shaw with violation of the ordinance.

Mr. Shaw was the operator of a tavern known as "Our Place," which was licensed to sell beer for on-premises consumption. During a regular...

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