Liquor store chain seeks to impose strict regulations on convenience stores selling alcohol

Back to TopCommentsE-mailPrintBookmark and Share

A chain of 19 liquor stores in Indianapolis wants the drug, grocery and convenience stores that sell alcohol to be subject to the same strict regulations that govern package liquor stores.

21st Amendment, Inc., has filed a motion to intervene and file cross-claim in the lawsuit brought by Indiana convenience stores to change state law that currently allows only liquor stores to sell beer cold.

The Indianapolis chain argued while convenience stores claim the prohibition on selling cold beer is “irrational and discriminatory,” these retailers ignore the other restrictions placed solely on package liquor stores.

Package stores are limited by state statute on where they can be located, what items they can sell, and whom they can allow in their stores, 21st Amendment stated in its court motion. Also, package liquor store permits can cost hundreds of thousands of dollars and can only be purchased through a private sale or a state-run auction.

“If Plaintiffs desire to be ‘equal’ to package liquor stores under the law, they must also be willing to accept the other restrictions that the General Assembly has promulgated as necessary conditions for the sale of chilled beer,” 21st Amendment stated.

In May, a group of retailers filed a complaint in the U.S. District Court, Southern District of Indiana, Indianapolis Division, charging the state’s practice of regulating beer by temperature violates their constitutional rights.

The convenience stores turned to the courts after several unsuccessful attempts to get the Indiana General Assembly to change the law.  

21st Amendment filed its motion July 19 in the case, Indiana Petroleum Marketers and Convenience Store Association et al v. Huskey et al, 1:13-cv-0784-RLY-MJD.

Like the convenience stores, the Indianapolis chain made constitutional arguments in its cross-claim against Alex Huskey, chairman of the Indiana Alcohol and Tobacco Commission.

Again, 21st Amendment pointed to the restrictions placed on package liquor stores compared to those placed on other retailers. The chain asserted the regulations give drug, grocery and convenience stores an “arbitrary and unfair advantage” because they can sell all the same alcoholic beverages as liquor stores with the exception of cold beer.

Because of the tighter regulations, package liquor stores argue that they have to pay more to comply while losing revenue by not being able to sell things such as cold water and grocery items. 21st Amendment estimated the regulations cost its operations millions of dollars each year.

Consequently, the chain claimed the state’s failure to apply the more restrictive regulations on grocery, drug and convenience stores violates the equal protection clause of the 14th Amendment of the U.S. Constitution.

The Indianapolis retailer also charged ATC’s decision to permit retailers other than package liquor stores to sell beer, wine and liquor without enforcing the stricter regulations is “irrational, discriminatory, arbitrary, capricious, and harmful to the public health.” The regulations treat liquor stores differently and violate Article I, Section 23 of the Indiana Constitution.  

21st Amendment concluded by telling the court that the regulations currently applied to package liquor stores must be enforced against all retailers selling alcohol and the less restrictive regulations be eliminated.



Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. 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?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. 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.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.