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 have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.