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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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