Fischer v. St. Louis

Background

The dispute involved the city of St. Louis and a property owner who operated a dairy and cow stable inside the city. The city adopted an ordinance on April 6, 1896, banning cow stables and dairies within its limits under powers granted by state statutes to the mayor and assembly. The owner had a stable that existed before the ordinance and later reestablished dairy operations; the Missouri Supreme Court found him guilty of maintaining the dairy without municipal permission.

Reasoning

The key question was whether the city could ban and regulate dairies and whether allowing the municipal assembly to grant permits to some people was unfair or unlawful. The Court explained that regulating places likely to harm public health or annoy neighbors falls squarely within the city’s power to protect health and safety. It held that exceptions or permits do not automatically violate equal protection (treating people fairly under the law) or deprive someone of property without due process (basic legal fairness). The opinion noted practical reasons for exceptions, such as number of animals, location, and cleanliness, and observed no claim of improper favoritism in this case.

Real world impact

The ruling affirms that cities may bar dairies and stables within municipal limits and may let local officials decide occasional exceptions. People who want to keep cows or run a dairy inside a city will find it harder without municipal permission, while those who meet local standards may obtain permits. The judgment of the Missouri Supreme Court was affirmed, leaving enforcement of the local ordinance intact.