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Cold beer sales hearing begins Thursday

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A federal judge in Indianapolis Thursday will consider a group of convenience and grocery stores’ challenges to the state law prohibiting those businesses from selling cold beer.

Chief Judge Richard L. Young in the Southern District of Indiana set aside two days this week to consider the plaintiffs’ request for a preliminary injunction. The Indiana Petroleum Marketers and Convenience Store Association and its members filed its lawsuit last year, claiming the ban stopping convenience stores, pharmacies and groceries from selling cold beer is discriminatory. The plaintiffs say the state’s current practice of regulating beer sales by temperature is arbitrary.

For nearly the last five years, the Indiana Petroleum Marketers and Convenience Store Association has lobbied the Legislature unsuccessfully to be able to sell cold beer.

The group asserts the state’s limitations on sales of cold beer violate the equal protection clause and the equal privileges clause of the U.S. Constitution. The lawsuit charges Indiana’s practices violate the equal protection clause and Article 1, Section 1 of the Indiana Constitution.

The defendants, in their answer to the complaint, countered they have not violated the plaintiffs’ rights secured under the Constitution or any state or federal law. They also argue the plaintiffs’ claims are barred by sovereign immunity and the 11th Amendment.  

21st Amendment Inc., a chain of liquor stores in Indianapolis, filed motions to intervene in the lawsuit, which Young denied. 21st Amendment said the plaintiffs are ignoring the other restrictions placed solely on package liquor stores – the only locations cold beer may be sold – such as where the stores can be located and what items they can sell.

The case is Indiana Petroleum Marketers and Convenience Store Association, Thornton’s Inc., Ricker Oil Company Inc., Freedom Oil, LLC, Steve E. Noe v. Alex Huskey, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission, 1:13-CV-784.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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