Bryant Radio Supply, Inc. v. Slane
Bryant Radio Supply, Inc. v. Slane
Opinion of the Court
Bryant Radio Supply, Inc. and its owner Robert L. Bryant, and Big Wally’s, Inc. and its employee Richard A. Westbrook, as intervening plaintiffs, brought this suit in the district court for the Western District of Virginia challenging the constitutionality of § 46.1—198.1 of the Virginia Code,
The defendant moved for dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure or, alternately, summary judgment under Rule 56. The district court granted the motion for summary judgment.
We affirm for the reasons stated in the opinion of the district court. Bryant Radio Supply, Inc. v. Slane, 507 F.Supp. 1325 (1981).
AFFIRMED.-
. Va.Code § 46.1—198.1 provides, in relevant part:
A. It shall be unlawful for any person to operate a motor vehicle upon the highways of this State when such vehicle is equipped with any device or mechanism to detect the emission of radio microwaves in the electromagnetic spectrum, which microwaves are employed by police to measure the speed of motor vehicles upon the highways of this State for law-enforcement purposes; it shall be unlawful to use any such device or mechanism upon any such motor vehicle upon the highways; it shall be unlawful to sell any such device or mechanism in this State. Provided, however, that the provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any State or federal agency.... B. No person shall be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.. ..
Reference
- Full Case Name
- BRYANT RADIO SUPPLY, INC., Robert L. Bryant, Richard A. Westbrook, Big Wally's, Inc. v. Colonel D. M. SLANE, in his official capacity as Superintendent of the Department of Virginia State Police
- Cited By
- 2 cases
- Status
- Published