The Salina City Commission on first reading Monday afternoon voted 5-0 to repeal a more than 30 year old city ordinance regulating going out of business sales.

Salina City Attorney Greg Bengston reported that the ordinance adopted in 1977, could be difficult to enforce after a ruling by the U.S. Supreme Court in 1980 known as the Central Hudson Case that concerned the level of protection to commercial speech.

Bengston also said that concerns raised last Monday by former Salina Mayor and furniture store owner Alan Jilka, who has issues with a going out of business sale by Norris Furniture, who was purchased by Manhattan based Feldkamp Furniture, can be reviewed by the Kansas Consumer Protection Division of the Kansas Attorney General’s office.

The commission also approved a moratorium of enforcement of the existing ordinance until next Monday when the ordinance would be repealed after a second reading of the new ordinance.