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Cold beer lawsuit fails in federal court

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Hoosiers will still have to go to their local liquor store to buy a cold one.

A challenge to state law prohibiting convenience, grocery and drug stores from selling cold beer failed Monday when the U.S. District Court for the Southern District of Indiana denied the plaintiffs' motion for a preliminary injunction and granted the state’s motion for summary judgment.

Convenience stores filed a lawsuit in 2013, arguing Indiana’s restrictions on who could sell beer cold violated their constitutional rights to due process and equal protection. In Indiana Petroleum Marketers and Convenience Store Association et al. v. Alex Huskey, Chairman of the Indiana Alcohol and Tobacco Commission, 1:13-CV-000784, the retailers charged that regulating the sale of beer based on temperature is unfair and does not prevent minors from illegally purchasing alcoholic beverages.

However, Chief Judge Richard Young rejected the IPCA’s arguments.

He dismissed the plaintiff’s contention that the state statute violated the due process clause of the U.S. Constitution because it was vague and not clear as to what conduct was being prohibited. Young pointed to the low number of citations from the Indiana State Excise Police as demonstrating the stores understand they cannot place beer in their coolers.

In disallowing the equal protection claims, Young found the state has a legitimate interest in limiting the sale of alcohol.

 “Restricting the sale of cold beer to certain types of businesses and restricting the sale of cold beer only to businesses that have more restrictions placed on them is a classic example of legislative line-drawing,” Young wrote in his June 16 order. “Indiana’s legislative classifications, which serve to limit the outlets for immediately consumable cold beer, is rationally related to the legitimate goals of Indiana’s alcoholic beverage laws; opening this market to others without restriction is not.”

Both sides presented their case to the judge Feb. 20 and 21.

After the ruling, Indiana Attorney General Greg Zoeller said the proper venue for settling this issue was the Statehouse.

“The statute we successfully defended reflects the current decision of the people’s elected representatives in the Legislature,” Zoeller said. “The subject has been debated for many years but the appropriate forum for those who disagree with the state law to advocate for policy changes is in the state Legislature not the courts.”

The Indiana Petroleum Marketers and Convenience Store Association vowed to continue pushing against the state’s law but did not specify whether it would appeal Young’s order or mount another effort to get the Legislature to change the law.  

“Our members and Hoosiers are disappointed that the court did not rule to end an irrational, discriminatory and outdated law,” said Scot Imus, IPCA executive director. “There is wide support to modernize Indiana’s alcohol laws, and we will continue to fight for fairness in the marketplace.”



 


 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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