SABBATH VIOLATION PROSECUTION DISMISSED - CAR WASH IS A NECESSITY

Sep 28, 2026

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Monthly summary of reported and published state and federal court opinions addressing religious doctrines, precepts, beliefs, issues, and practices. Coverage includes religious training and education, church property and administration, taxation matters, burial and cemetery problems, and religious corporations. Service availability is limited to government, professional, civic, religious, and educational organizations and professional persons. Includes case summaries such as People v. Myer regarding Sabbath Law and necessity exceptions, and related rulings.

LanguageEnglish

CategoryReligion & Spirituality

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

Sabbath Violation Prosecution Dismissed - Car Wash Is a Necessity

Document Executed on Sunday Considered Void

Adverse Possession Not Established by Claimants

Prisoner Injected With Medication Against Religious Belief - No Case

Uhe Ecrlesiastiral Unrt igegf A monthly summary of the reported and published state and federal court opinionsconcerned with religious doctrines,precepts,beliefs,issues or proctices,including re·ligious training and education,church property and administration,taxation,burial andcemetery problems and religious corporations.This service is availoble only to govern-ment,professional,civic,religious and educational organizations and professional persons. Emanuel Bund,EditorformerlyAssistant Attorney Generolof the State of New York andSpecial CounselNew York State Department of Health Vol.10,No.5 May 1972 # SABBATH VIOLATION PROSECUTION DISMISSED-CAR WASH IS A NECESSITY People v.Myer,326 N.Y.S.2d 429,(New York)District Courf.Nassau County.First District.November 19,1971 Defendant was charged with a violation of Section 8 of the General BusinessLaw more commonly referred to as the Sabbath Law,which reads as follows:"All trades,manufacturers,agricultural or mechanical employments upon the first day of the weekare prohibited,except that when the same are works of necessity they may be performedon that day in their usual and orderly manner,so as not to interfere with the reposeand religious liberty of the community."Defendant is the owner of an automatic carwash.After entering upon the property,the customers are directed by signs to depositmoney in a coin box.The vehicle is then driven ontoa conveyor belt which propelsthe vehicle through a mechanical unit which sprays,brushes,washes and dries it.Thereis no personnel used in the operation of the car wash,it being fully automatic.A secur-ity officer employed by the defendant is on the premises,to protect the property andnot to perform any service in connection with the business.The prosecution contendedthat the guard is an integral part of the business in that he was there to insure the safetyof the coin box.The Court determined that the guard was there to protect the propertyand that the operation of the car wash was not contingent on his presence.The Courtfound the defendant,not guilty,and also determined that the car wash was a necessitycoming within the exception of the statute;that "The interpretation of the law must com-bine common sense and changing times.As society changes so do the social necessitiesof the community.More often the changes come in advance of the law.***In manyfamilies both husband and wife work,often six days a week,there seldom being enoughhours to do all that must be done.In suburban communities the automobile is often theonly means of transportation for work,pleasure or chauffeuring.The law itself imposespenalties for operating a vehicle that is not clean.The law does not make allowancesfor snow,rain,ice or similar conditions wrought by the elements.Zoning laws restrictthe operation of a car wash to business areas where it does not interfere with the reposeand religious liberty of the community.This Court believes that car wash in our presentsociety is a work of necessity. "Perhaps,a collateral benefit to be derived from so deciding is that the timesaved may be utilized to increase rather than diminish the spiritual life of the community." # DOCUMENT EXECUTED ON SUNDAY CONSIDERED VOIDGriffin v.State,253 So.2d 337,(Alabama)Court of Criminal Appeals of Alabama.November 17,1970 Defendant was convicted of the crime of hindering a creditor in violationof Alabama statute,by removing and otherwise acting in connection with a mort-gaged automobile.The instrument on which the case was based,when signed by thedefendant constituted a blank bill of sale containing only the printed words andnot otherwi se filled in.Also,the document was signed on a Sunday afternoonin a lawyer's office.Among other things significant to the case,the Court,inreversing the conviction,indicated:-"Viewed from verdict most favorably to theState,the bill of sale in blank must,nevertheless,***be here taken as executedon Sunday [although completed on another day].It can only be tr

FAQs

What Sabbath Law standard is quoted in People v. Myer?

It prohibits many work activities on the first day of the week except when the work is a necessity, performed in an orderly manner so it does not interfere with the community’s repose and religious liberty.

Why was the defendant found not guilty in the car wash Sabbath case?

The court determined the guard was present to protect property and that the car wash operation was not contingent on his presence, and it treated the car wash as a work of necessity under the statute’s exception.

What legal issue affected the Sunday-executed document in Griffin v. State?

The court reversed the conviction because the bill of sale and the related Sunday timing made it void under Sunday rules, including treatment of blanks completed afterward and Sunday checks.

Sep 28, 2026

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