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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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