In Re Gatsios

Harry Gatsios is the proprietor of a butcher-shop in the city and county of San Francisco where meat, inspected by authorized inspectors under the inspection laws and regulations, is sold. He was taken into custody upon the complaint that he had violated Ordinance No. 6157, New Series, of the municipality in that on Saturday, December 3, 1927, between the hours of 7 and 8 o’clock P. M., he sold and offered for sale at his shop certain uncured and uncooked meats, contrary to the provisions of the ordinance, which reads as follows:

It is contended on behalf of the prisoner that the ordinance is unconstitutional and void for the reason that the proviso therein “that any place of business where strictly Kosher meats are sold or offered for sale may be kept open on Saturdays from sundown until 10 o’clock P. M. and on Sundays from 7 o’clock A. M. until 12 noon” creates as against those who do not sell or offer for sale Kosher meats at their places of business (his shop being of that class) an arbitrary and unreasonable discrimination.

The ordinance attempts to discriminate between “places where Kosher meats are sold or offered for sale” and places where such meats are not on sale;…