While the trend is to eliminate blues laws, some states still have such “Sunday” laws on the books. The State of Ohio … The effect of the Court’s decision in McGowan was to leave regulation of Sunday activities to the states, resulting in a patchwork of rules that vary by county or municipality. Del Barco, Mandelit. Wheildon, W. W. Blue Laws and their Origin. For example, up until 1985, Texas blue laws … The term "blue law" originated in the eighteenth-century New Haven colony in Connecticut, where the laws were so called because of the color of paper on which they were printed or bound. In addition to requiring religious observation, blue laws also prohibited unseemly behavior, including drinking and other recreational activities. In many states, the authority to enact a blue law is left to local city and county governments. State University of New York Associated Press, January 20, 2007. Atlanta Journal-Constitution, January 18, 2007. Guest column: Separate Holy Scripture from opinion on alcohol referendum. American Journal of Public Health, 2006, 96(11), 1944-1948. Capp, Reilly. The Court, while acknowledging the religious origins of the Sunday blue laws, held that they were constitutional. South Carolina was the last state in the country to lift a ban on Election Day alcohol sales, doing so in 2014. Car Crashes, Fatalities Rise Sharply With New Mexico Sunday Package Liquor Sales. Blue Laws and NC liquor laws – Blue laws are laws that restrict or prohibit certain activities from taking place on a Sunday. This website is informational only. Myers, Gustavus. Blue laws has some in state seeing red: This is getting embarrassing, Tuscaloosa News, April 21, 2008. Washington Times, 6-2-03, p. A2. Although blue laws requiring Sunday church attendance disappeared in the nineteenth century because they violated citizen' rights to religious freedoms, other blue laws have continued to exist into the modern era. Many states retained the restrictions and the language, although seemingly archaic, describing the religious intent behind them well after the repeal of Prohibition. Similarly, courts in New York and Connecticut have ruled that, because blue laws were created and propagated by religious groups for religious purposes, they are unconstitutional. Obscure state law bans alcohol sales on Monday. Many of the more Draconian blue laws are no longer enforced, but a number of cities regulate alcohol sales and retail operating hours whenever possible. Join Together. It has been updated by other First Amendment Encyclopedia contributors. hansondj[@]potsdam[. A blue law is one restricting activities or sales of goods on Sunday, to accommodate the Christian sabbath. More colorful versions propose that the term was a mocking reference to the effort to prevent “blue,” or indecent, behavior, such as adultery, fornication, blasphemy, and drinking. Among the 42 banned items were items like cars and liquor… Associate Press (3-29-03). and Eisenberg, D. Effects of Sunday sales restrictions on overall and day-specific alcohol consumption: Evidence from Canada. The tragic cost of Sunday alcohol sales. The establishment clause of the First Amendment specifically prohibits any law “respecting an establishment of religion.” By designating Sunday as a Sabbath and by restricting the activities of individuals on that day, states with Sunday blue laws were arguably favoring Christianity over religions that celebrate different Sabbaths. Thus blue laws have established a double standard in favor of Christians. More Blue Laws Monday Alcohol Sales Prohibited Sunday Morning Alcohol Sales Starting Sunday, Massachusetts' so-called "blue laws" will now allow liquor stores in the state to open at 10 a.m. — instead of noon — on Sundays … Come July, liquor stores open Sundays, Telluride News, April 22, 2008. The Court’s opinion, authored by Chief Justice Earl Warren, held that the laws were permissible regulations under the state’s police powers to regulate in the interest of public health, safety, welfare, and morals and that the regulations sought to provide a day for leisure and family, not to impose a particular set of religious practices. The first blue law in the American colonies was enacted in Virginia in 1617. Individual states and communities implemented these laws throughout the late 1800s and the early 1900s. In: Voorhees, Don. Orlando, A. Such laws are remnants of the colonial days in which laws were enacted to force observance of the Christian Sabbath. Painter, S. Panel supports Sunday liquor sales. The Texas blue law, enacted in 1961 and repealed in 1985, prohibited the sale of 42 specific items on consecutive weekend days. Many times the laws did not force stores to completely close on Sundays but instead banned the sale of certain items that made the operation of the store impractical. The Roman Emperor Constantine promulgated the first known law regarding prohibition of Sunday labor for apparent religion-associated reasons in 321 AD: Wichita Eagle, November 25, 20003. Committee endorses proposal on Sunday liquor, beer sales. The primary contributor was Sara L. Zeigler, a professor at Eastern Kentucky University. In the 21st century, states have begun to ease restrictions and in some cases repeal Sunday blue laws altogether. The News Journal, July 20, 2003. Employers do not have to provide such accommodations if it imposes an undue hardship on their business. Working paper # 14303. Sunday sales dilemma: No legitimate reason to support alcohol ban (editorial). The Sabbath is a day of religious observation and abstinence from work, which Christians typically observe on Sundays. Some of the silly Blue Laws include the prohibition of car sales on a Sunday, the singing of vain songs on Sunday, and the banning of hunting on Sundays. Milford Daily News, November 29, 2003. Technically, blue laws ceased to exist statewide in 1982, when the last of them were repealed. Ye Olden Blue Laws. Most of these early laws were in the rural South and stemmed from concerns over the behavior of those who drank. This article first was published in 2009 and has been updated. Worcester, MA: Charles E. Burbank and Co., 1879. Early New England blue laws were extensive, including bans on everything from wearing lacy shirtsleeves to using, Sunday blue laws raise First Amendment concerns because they favor Christianity, As such, the laws raised constitutional concerns under the First Amendment. Bars want alcohol law changed. Blue Laws: The History, Economics, and Politics of Sunday-closing Laws. Copyright © 1997-2019 D. J. Hanson. Group wants to end W. Va. blue laws: One of 15 states that ban Sunday liquor sales, Dominion Post, April 22, 2008. Cameron, Duncan H. Arkansas OK on Sunday, Illinois Beverage Guide, 2009, 9(4), 4. Courier Press, November 8, 2005. Perdue, Sonny. Blue laws trace their origin back even before Prohibition, and in nearly every other industry but alcohol, they have been long since repealed. City councils in Raleigh and Durham voted out their last blue laws in 1975. Randal, J. R. Old-Time Blue Laws. The First Amendment Encyclopedia, Middle Tennessee State University (accessed May 16, 2021). 2009. Some such restrictions date to as early as the thirteenth century in England. ]edu, Sociology Department and Lapham, S. Effectiveness of bans and laws in reducing traffic deaths: Legalizing Sunday packaged alcohol sales and alcohol-related traffic crashes and crash fatalities in New Mexico. NY: Columbia University Press, 6th ed., 2001. Early New England blue laws were extensive, including bans on everything from wearing lacy shirtsleeves to using birth control to hunting. “States set sights on lifting Sunday hunting bans.” USA TODAY, April 27, 2013, Sara L. Zeigler (Updated September 2017 by David L. Hudson Jr.). Robert Wood Johnson Foundation. Blue laws continue to exist today, almost exclusively in the realm of Sunday alcohol sales. The Daily Campus, October 3, 2005. After independence, many former colonies retained these laws, and new states adopted them as they joined the union. Nashville, TN. The Puritans believed that a child was born on the same day of the week on which it was conceived. Requiring employees to work Sundays has created constitutional problems, Such pressures have created new constitutional problems under the free exercise clause, as businesses, establishment clause of the First Amendment, require employees to work Sunday schedules, Establishment Clause (Separation of Church and State), http://mtsu.edu/first-amendment/article/1243/sunday-blue-laws. Sunday Blue Laws [electronic resource]. For example, Connecticut law prohibits hunting on Sundays except for “hunting deer with bow and arrow on private property” Conn. Gen. Stat. Some people were also concerned about the cultural influences of certain growing populations within the country, particularly recent European immigrants. Gothan Gazette, May 5, 2003. In Braunfeld v. Brown (1961), the Court ruled that states could apply blue laws to those, in this case orthodox Jews, who also closed their businesses on Saturdays for religious reasons. Commercial-Appeal, August 23, 2009. Why Do We Have Sunday Blue Laws? Los Angeles, CA: Pacific Press, 1914. Car dealerships (both new and used) must remain closed on either Saturday or Sunday; the dealer has the option to determine on which day to close. All rights reserved for entire web site. M.A. Pearson, E. NYC's blue laws. In general, blue laws prohibit some activity or the sale of some good, like alcohol, on Sundays. Scarborough, Scott. Blue laws restrict or prohibit certain activities on Sundays, a holdover from the strict Sabbath observance of colonial times. Granger, public domain via Wikimedia Commons). Maloney, M.T. The Book of Totally Useless Information. Banner-Herald. The origin of the term blue law is unclear. : Lexington Books, 1987. Most blue law provisions relating to everyday activities, such as housework and travel, had disappeared by the end of the colonial period, but restrictions designed to limit alcohol consumption and to preserve Sunday as a day of rest remained. While Louisiana has overturned its alcohol prohibitions, you still can’t buy or trade an automobile on the day of rest. The first known blue law was passed in 1665 in New Haven, Connecticut, and supposedly took its name from having been printed on blue paper. Connecticut must legalize Sunday alcohol sales. In 1781, the Reverend Samuel Peters published A General History of Connecticut, in which he used the term blue laws to refer to a set of laws that the Puritans had enacted in the 1600s to control morality. Such pressures have created new constitutional problems under the free exercise clause, as businesses require employees to work Sunday schedules. Seattle Post-Intelligencer, April 11,2005. Marsh, Ralph E. The Development of the Pennsylvania Blue Laws. Virtanen, M. Study Says Ending Blue Laws Would Add Jobs, Tax Revenues. Although secularization has played a role in that process, the primary motivation has been economic. A third violation was, supposedly, punished by death, though there is debate over whether accounts of early blue laws were in some cases exaggerated or not. : Southern Pub. With increased competition and people on the move around the clock, many businesses cannot afford to lose a full day’s revenues by remaining closed on Sunday. Now it’s time to scrap blue … Prof. David J. Hanson, Ph.D. North Carolina's blue laws began in 1716, with the passage of the Sabbath Observance Act. The outcome from legalizing Sunday packaged alcohol sales on traffic accidents in New Mexico. Many states still prohibit selling alcohol on Sunday, although it's now the second busiest shopping day of the week. WA Sunday liquor sales a big hit. The term "blue law" refers to a state, county or municipal government's restrictions on the sale of alcohol, or to quirky, obsolete and otherwise difficult-to-enforce laws generally left on the books from earlier times. The Supreme Court finally ruled on the matter in 1961, in McGowan v. Maryland, a case filed by employees of a large department store who were fined for selling merchandise (including floor wax and toys) on Sunday, in violation of state law. Most of us think the term “blue laws” refers to restrictions on selling alcohol, especially on Sundays. Nevertheless, blue laws prohibiting the sale of alcohol on Sundays continue to exist and be enforced. Colonial settlements enacted similar laws, with the explicitly religious intent to prevent unseemly activities on the Sabbath. Encyclopedia Table of Contents | Case Collections | Academic Freedom | Recent News, The Supreme Court has held that Sunday blue laws are permissible, and many states still have them, though they are not as restrictive as in early America. The remnants of the state's once-strict blue laws prohibit the sale of alcohol before 11 a.m., but a bill that would change the rule has just picked up momentum. Blue laws are laws designed to restrict certain activities on Sundays (or other specific days) … thesis, University of South Carolina, 1983. http://mtsu.edu/first-amendment/article/1243/sunday-blue-laws, By Sara L. Zeigler (Updated September 2017 by David L. Hudson Jr.), Colonial settlements enacted similar laws, with the explicitly religious intent to prevent unseemly activities on the Sabbath. Blue Laws. North Carolina prohibits hunting on Sundays within 500 feet of a place of worship or in any county with a population of greater than 700,000. They were revitalized during the temperance movement of the nineteenth century. Most today have to do with the prohibition of alcohol sales on Sunday, such as demonstrated in this photo where the wine section is roped off at a Trader Joe's store in Chapel Hill, North Carolina to comply with that state's law. Some blue laws prohibit restaurants from serving alcohol on Sundays or at other designated times. They stood in one form or another for almost 150 years. Grant Results. Flowerdew, Nelson J. Sunday Blue Laws and other Blessings. In 1985, the Supreme Court of Canada ruled that the Lord's Day Act of 1906 was an unconstitutional violation of The Canadian Charter of Rights and Freedoms It found that there was no legitimate secular basis for the legislation and its only purpose was, in effect, to establish a state religious-based requirement, and was therefore invalid. Some communities even outlawed professional sports on Sundays, fearing that these sports drew people away from church and prompted people to engage in sinful activities, such as gambling and drinking. Potsdam, NY 13676. Southern Voice, February 14, 2003. Law change won't spur liquor sales. Written and edited by: Easing up on blue laws - states profit from tossing out Prohibition-era rules. Senator proposes lifting ban on Sunday morning alcohol sales. Carpenter, C.S. Therefore, the parents of children born on a Sunday were punished for violating the blue law nine months earlier. Blue laws a burden for other faiths. Some jurisdictions that have blue laws might have created them because they had problems with people abusing alcohol, or the regulations might have been motivated by … Grocery stores measuring at least 10,000 square feet may sell Blue laws have operated to protect Christian business owners from competition on their sabbath. Association, 1977. And although it does, it once involved a lot more than just alcohol. The term blue law commonly refers to the prohibition of alcohol sales on Sunday, but it historically defined a body of regulations designed to preserve the Sabbath by proscribing most labor on that day. The term was originally applied to the 17th-century laws of the theocratic New Haven colony; they were called “blue laws” after the blue paper on which they were printed. Smith, J.J. Cambridge, MA : National Bureau of Economic Research, 2008. As such, the laws raised constitutional concerns under the First Amendment. Chase, R. Sunday liquor laws get watered down: States undo Prohibition- era sales ban. Lanham, Md. WTOV 9, Ohio passes Sunday liquor law. The Blue Laws of Connecticut. Accident Analysis and Prevention, 2009, 41(5), 1094-1098. Some such restrictions date to as early as the thirteenth century in England. After the turn of the century, states and counties throughout the U.S. began passing local alcohol prohibition laws. Many towns in Arkansas, including more left-leaning college towns, still maintain a wide array of local blue laws, especially regarding liquor. Blue Laws: The History, Politics and Economics of Sunday Closing Laws. MA: W. W.Wheildon, 1886. Oftentimes the cases are brought under the general federal anti-discrimination statute, Title VII of the Civil Rights Act of 1964, which requires employers to make reasonable accommodations when an employee’s bona fide religious practices conflict with a neutrally applied job requirement. Boston Globe, December 24, 2005. Columbus officials eye Sunday alcohol. "Blue laws" refer to statutes designed to enforce morality as some lawmakers understand it, such as restricting the hours that stores can open on Sundays or the sale of alcoholic beverages. Brubaker, Brandy. It required church attendance and authorized the militia to force colonists to attend church services. Erikksson, Ann M. The Blue Law Sunday Prohibitions. October 4, 2006. and Spangler, J.R. Soulsman, Gary. ABC Law, Alcohol, Blue Laws, Economic Development, Small Business Relates to the hours during which liquor and/or wine stores may be open on Sunday by allowing liquor and/or wine stores to open at 10:00 a.m. rather than noon on Sunday. Governor John G. Richards and the Blue Laws. He claimed that the laws were printed on blue paper, hence the terminology. The, The Supreme Court finally ruled on the matter in 1961, in, Supreme Court ruled blue laws were constitutional; leaft regulations to state, Many states still prohibit Sunday alcohol sales, Most remaining blue laws regulate alcohol sales, with 32 states imposing restrictions on Sunday sales. The alcohol laws of Utah regulate the selling and purchasing of alcohol in the U.S. state of Utah and are some of the most restrictive in the United States. Associated Press, November 24, 2003. Harper, William G. A short history of the Texas Blue Laws. Store halts Sunday sales of hairspray, mouthwash. Correction: Washington state changed its liquor laws in 2012. NY: MFJ Books, 1993. They argued that the statute was intended to encourage church attendance and to induce those with dissenting religious beliefs to join predominant religious groups in their Sabbath. It is clear that these laws were originally passed so that people would spend their Sundays in church! By some accounts, it referred to the blue wrapping that accompanied printed documents of the late eighteenth century. Blue laws are state or local laws which prohibit certain activities on Sundays (particularly entertainment, sports, or drinking) to honor the Christian Sabbath/day of rest. NY: Truth Seekers Co., 1899. § 26-73 (2017). Machan, T.R. Laband, David N., and Heinbuch, Deborah. Arkansas had barely been a state for a year when the state legislature passed the first blue laws in 1837. Gibbs on the wisdom of blue laws. Savannah Morning News, December 13, 2007. Free Inquiry, 2008, 28(6), 21-22. Gerber,A.S., et al. Blue Sunday, Tulsa World, April 16, 2008. The Columbia Encyclopedia. Another blue law made the sale of alcohol on Sundays illegal. The Case against Saturday Blue Laws. Sunday Alcohol-Related Crashes Rise with "Blue Law" Repeal. Ohio becomes the 31st state to pass the law, June 18, 2004. Hanna, J. Laband, David, and Deborah Hendry Heindbuch. thesis, Texas Tech University, 1973. The U.S. state of Oregon has an extensive history of laws regulating the sale and consumption of alcoholic beverages, dating back to 1844.It has been an alcoholic beverage control state, with the Oregon Liquor Control Commission holding a monopoly over the sale of all distilled beverages, since Prohibition.Today, there are thriving industries producing beer, wine, and liquor in the state. National Prohibition of Alcohol in the U.S. Sunday Alcohol Sales an Affront to Moral Values, Separate Personal Opinion from Biblical Teachings on Alcohol, Says Minister, Sunday Alcohol Sales Bans: Blue Laws Indefensible, Blue Laws vs. Sunday Alcohol Beverage Sales: The Scientific Evidence, Impact or Effect of Legalizing Sunday Alcohol Sales in New Mexico, Washington State's Sunday Liquor Sales Experiment a Success, Let the People Decide about Sunday Alcohol Sales (Blue Laws). It makes no suggestions or recommendations about any subject. Sunday alcohol sales an affront to moral values. However, they don't protect from competition those (such as Jews and Muslims) whose sabbath is Saturday. For more fine print, read the disclaimer. LeFavi, Bob. (Photo by Mx. Blue laws have operated to protect Christian business owners from competition on their sabbath. Ammons, David. Princeton, NJ: Robert Wood Johnson Foundation, November, 2007. Van Dolson, L.R. Many blue laws have been repealed since the 1960s, but some laws that ban the sale of alcohol on Sunday remain in force. Litigation over Sunday laws was common throughout the nineteenth century and the first half of the twentieth century. The majority of these laws are also connected to the sale of alcohol and gambling. and Rudbeck, J.C. The Utah Department of Alcoholic Beverage Control (UDABC) has regulated the sale of alcoholic beverages since 1935, two years after the end of Prohibition. Blue laws are unjust and unequal. In. Independent-Mail (Anderson, SC), September 16, 2007. … : using blue laws' repeal to estimate the effect of religiosity on voter turnout. Temperance Movement Groups and Leaders in the U.S. Alcohol sales: Beyond demon rum. In Texas, for example, blue laws prohibited selling house wares such as pots, pans, and washing machines on Sunday until 1985, and car dealerships in the state continue to operate under blue-law prohibitions. Many states throughout the country still enforce various rules of this nature. thesis, Shippensburg State College, 1975. M.A. Time - New York U.S. edition), August 2, 2004,164(5), 90. Does church attendance cause people to vote? dallasnews.com - Texas lawmakers passed a long-overdue update to alcohol laws, allowing restaurants to sell alcohol-to-go on Sunday. Much of the religious language had been removed from the statute — excluding a single remaining reference to the “Lord’s day” — and many of the restrictions had been lifted. Salzer, James. McMillan, G.P. Columbus, OH: Ohio Legislative Services Commission, 1963. NY: Century Co., 1921. The term blue law commonly refers to the prohibition of alcohol sales on Sunday, but it historically defined a body of regulations designed to preserve the Sabbath by proscribing most labor on that day. Other early blue laws prohibited work, travel, recreation, and activities such as cooking, shaving, cutting hair, wearing either lace or precious metals, sweeping, making beds, kissing, and engaging in sexual intercourse. Most remaining blue laws regulate alcohol sales, with 32 states imposing restrictions on Sunday sales. Anderson, S.R. §103 – 2. Journal of Studies on Alcohol and Drugs, 2009, 70, 126-133. Detroit Free Press, May 3, 2005. Lexington, MA: Lexington Books, 1987. M.A. A person must be 21 years old or older to buy or consume alcohol. March 28, 2008. “Sacred, Sad, and Salacious: With Many Meanings, What is True Blue?” NPR, Nov. 12, 2014, Hudson, David L., Jr. “Blue Laws.” First Amendment Center, Sept. 16, 2002, Ostendorf, Jon. This article gives a brief explanation of the term's origin and examines both varieties of Blue Laws in California today. Purdue opposes vote on Sunday beer, wine. century, states have begun to ease restrictions and in some cases repeal Sunday blue laws altogether. Blue laws were specifically enacted to prohibit the sale of certain items, most notably alcohol, in order to encourage (or force) people to go to church and observe the Sabbath. N.C. Gen. Stat. U.S. News & World Report, July 21, 2008, 22.