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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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