ILNews

Convenience stores continue fight for cold beer

Back to TopCommentsE-mailPrintBookmark and Share

Indiana convenience stores are pushing forward with their effort to persuade the courts to upend the state’s restrictions on cold beer sales.

On Tuesday the Indiana Petroleum Marketers and Convenience Store Association announced it is appealing a federal court ruling that upheld Indiana’s alcohol law and has filed a complaint in Marion Superior Court.

“The fight for common sense, fair competition and rewarding – rather than punishing – responsible beer sellers continues,” said plaintiffs’ attorney John Maley of Barnes & Thornburg.

Patrick Tamm, CEO of the Indiana Association of Beverage Retailers, said he was not surprised by the notice to appeal, charging the convenience stores have already spent a considerable amount of money on this litigation.

“These plaintiffs are large corporate interests with deep pockets and have much to gain in overturning Indiana law – even as they admitted in their own testimony calling their gas stations and convenience stores that sell alcohol ‘profit centers.’”

In 2013 the convenience store association, along with Ricker Oil Co., Thornton’s and Freedom Oil, filed a complaint in federal court, challenging the constitutionality of the state statute which permits only liquor stores to sell beer cold. Richard Young, chief judge of the U.S. District Court for the Southern District of Indiana, granted summary judgment in favor of the state, finding the alcohol laws were rational.

The appeal to the 7th Circuit Court of Appeals argues the District Court committed legal error.
 
In the complaint filed in Marion County, the convenience stores revive the state claims that the federal court relinquished. In particular, the association argues that the cold beer prohibition violates the Equal Privileges Clause of the Indiana Constitution.

Maley maintained the purpose of the clause is to prevent state government from favoring one business over another. The Indiana Supreme Court has repeatedly upheld that precedent, most recently doing so in February when it overturned Evansville’s smoking ordinance, he said.

“That’s what the antiquated cold beer prohibition does in this setting. It picks a winner and establishes a monopoly,” Maley said. “Hoosiers pay more as a result and public safety is put at risk because a less-responsible retailer is given that privilege. The Indiana Constitution prohibits that.”

Maley’s reference to public safety highlights the main thrust of the association’s argument.

As in its original complaint filed in federal court, the association points to statistics from the Indiana Alcohol and Tobacco Commission that show liquor stores have been cited more time for selling to minors than groceries, pharmacies, and convenience stores combined. The plaintiffs assert that limiting cold beer sales to package stores is not rational because their compliance rate is poor compared to the other retailers.

However, Young found the statistics to be problematic. He said it is “pure speculation” to conclude the other businesses will maintain their compliance rates if they are allowed to sell cold beer. In fact, he points to testimony from Thornton’s, Inc., which noted the retailer has been cited for selling to minors in state’s were cold beer sales are permitted.

Maley and Scot Imus, association executive director, maintained the compliance rate would not fall if the retailers were allowed to put beer in their refrigerators. They argue convenience stores deter underage drinkers because the businesses are well-lit, filled with people and frequented by police. They say clerks will not forget to comply with the law against selling to minors once the beer is cold.

Moreover, they said, the beer would be removed from the shelves and floors, where it is easily seen by children and teenagers, and placed further away in the coolers where it would be less visible and accessible.

“The reason (convenience stores) do better is because of the nature of the industry,” Maley said of the plaintiffs’ compliance rate. “They are responsible sophisticated businesses, not one-off liquor stores that have an incentive to sell that next 12-pack because they need the three bucks profit.”

Early next month, Maley said the plaintiffs will be filing a motion in Marion Superior Court for summary judgment. Also, he said, the effort to get the Legislature to rewrite the state law will continue.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

ADVERTISEMENT