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. |