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Convenience stores sue to be able to sell cold beer

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The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.

Indiana is the only state that regulates beer sales based on temperature, I.C. 7.1-5-10-11. The law was enacted in 1941 and only affects businesses that hold a beer dealer’s permit.

The association and three of its members – Ricker’s, Thorntons and Freedom Express – claim the law violates the equal protection clause of the U.S. Constitution by restricting convenience, grocery and pharmacy stores to selling beer only at room temperature.

The plaintiffs argue that the current law causes the IPCA member stores to lose a “significant amount of revenue,” including from the sale of craft beer, which often must be kept cold for quality control purposes.

“There is no logic with the current law that gives one class of retailer an exclusive right to sell cold beer,” said IPCA Executive Director Scot Imus. “Indiana’s alcohol laws have not always favored one retailer over another and, in fact, it was just in the last 50 years that liquor stores were granted the privilege of selling cold beer.”

The plaintiffs claim the law is confusing to customers and that the statutes and regulations have evolved into an “irrational and discriminatory regulatory regime that prevents certain retail permit holders – such as grocery and convenience stores – from selling refrigerated beer, while allowing the sales at package liquor stores,” according to the complaint.

The lawsuit contends that between 2007 and 2012, Indiana package liquor stores were 138 percent more likely to violate Indiana liquor laws than were licensed grocery stores (including convenience stores) and pharmacies. Bars and restaurants were 1,376 percent more likely to violate Indiana liquor law than grocery stores or pharmacies over that same time period.

The case, Indiana Petroleum Marketers and Convenience Store Association, et al. v. Alex Huskey, in his official capacity as chairman of the Indiana Alcohol and Tobacco Commission, et al., 1:13-CV-784., was filed Tuesday morning in the Southern District of Indiana, Indianapolis Division.

Legislation was introduced in the Senate during the 2013 legislative session, but did not pass, that would have allowed the holder of a beer dealer’s permit issued to a grocery story or drug store to sell and deliver cold beer made by an Indiana microbrewery.

IPAC is a nonprofit trade association of more than 250 primarily small- and medium-sized, family-owned businesses that operate convenience stores and supply petroleum throughout Indiana. IPAC is represented by attorneys John Maley and Mark Crandley of Barnes & Thornburg LLP.

 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

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  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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