City of St. Louis v. Brune

1974

Court: MO Supreme Court

Facts: Tenants are living in run-down properties: no tubs or showers connected to the water. It's not such a hot neighborhood either.

Posture: Appeal from conviction at trial for violation of housing ordinance.

Issue: Is the ordinance requiring tubs and showers constitutional?

Holding: No. Reversed.

Rule: Things that are unreasonable, arbitrary, and confiscatory are unconstitutional.

Reasoning: This is really more of an inconvenience than a major threat. People kept clean for centuries without running water, including this landlord it would seem.

Dicta: Awesome debate about the purpose of bathing.

Dissent: in a situation where there's room for debate, it's for the legislature to decide. And decide they did. And upholding the law shouldn't depend on the economic situation of a given landlord.