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Topeka — Cities can make local ordinances that are more strict than state law, but they don't have the right to make them less restrictive, a state attorney told the Kansas Supreme Court on Monday.

But an attorney representing the unified government of Wyandotte County and the city of Edwardsville argued that state law and past court decisions have allowed cities to opt out if the state statute is "nonuniform," meaning that it fails to apply consistent regulation statewide -- and Kansas liquor law falls into that category.

The arguments were made as the state appeals a Wyandotte County district judge's ruling that a loophole lets cities decide whether to permit Sunday liquor sales despite a state law that prohibits them.

Since the ruling in May, more than a dozen Kansas cities, including Lawrence, have passed ordinances that allow liquor stores to do business on Sundays.

"They have flipped the police power on its head," Deputy Atty. Gen. Julene Miller told justices during Monday's oral arguments.

That prompted Henry Couchman, an attorney for the unified government of Wyandotte County and the city of Edwardsville, to point out that the Kansas Liquor Control Act has several sections that provide different types of regulations for different situations.

"Cities can exempt themselves from laws that aren't uniform," he said.

Justices attacked both sides.

Despite the nonuniformity of the Liquor Control Act, Justice Robert Davis said it was clear state law prohibited Sunday sales.

Larry Johnson, Lawrence, stocks a selection of wine at Cork and Barrel in this file photo. Lawrence is one of several locales that has opted out of the state's restrictions on Sunday liquor sales. The Kansas Supreme Court is hearing arguments about the issue.

"The Legislature's intent was to make that uniform throughout the state," he said.

But Couchman said intent wasn't enough to force cities to follow suit.

Justice Marla Luckert asked Couchman if under his argument cities could decriminalize murder. "Where would we draw the line?" she asked.

Couchman said cities couldn't change penalties for murder because statutes governing that offense were uniform statewide.

Justice Donald Allegrucci attacked the state's case, saying that if the Legislature wanted to stop Sunday sales, it need only pass a uniform liquor law.

J-W Editorial:Sunday sales boon? (11-26-03) Sunday liquor store sales flat in Lawrence (11-25-03) Legislative panel endorses Sunday liquor sales proposal (11-25-03) 6News video: Sunday sales flat for Lawrence liquor (11-25-03) Topeka advances Sunday liquor sales (11-19-03) Protest targets Sunday liquor sales (11-14-03) Mission rescinds liquor sales on Sunday (10-10-03) Sunday ushers in new era for liquor (9-29-03)

But Miller said that wasn't an easy task given the numerous regulations that govern every detail of liquor consumption.

If the Legislature can't adopt a uniform law, Allegrucci said, "we're in real trouble."

Miller said the state constitution and legal precedent had given the state authority to regulate liquor.

"Clearly it was left to the state to control liquor," she said.

But Couchman said the Legislature had given cities broad powers to govern their local affairs.

While attorneys battle over the issue, liquor stores in Lawrence have been opening their doors on Sundays since September.

Joe Schmidtberger, owner of Alvin's Wines and Spirits stores at 905 Iowa and Sixth Street and Monterey Way, said it didn't matter to him if the state allowed Sunday sales or not.

His business expenses have increased by staying open an extra day while sales have remained flat, he said. Customers are spending the same amount on liquor, Schmidtberger said, only now they have an extra day to shop.

But, he added, "The customers really appreciate us being open on Sunday. Sunday is just a big shopping day because people are working all week."

Lawmakers could tackle the issue before the high court issues a ruling, which is expected no earlier than Jan. 30 and could come even later.

A legislative committee has recommended changes in the Liquor Control Act that would allow Sunday sales. The Legislature may take up that recommendation when its session starts in January.