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Senator steers clear of beer wholesaler legal battle

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The Indiana Legislature won't interfere with beer wholesaler Monarch Beverage Co.'s quest in federal court for the right to distribute liquor.

Sen. Ron Alting, R-Lafayette, chairman of the Public Policy Committee, said Wednesday morning that he won't include language sought by Monarch's opponents in any alcoholic beverage bill that he advances in the second half of the session.

“I respect all of our wholesalers,” Alting said.

The Indiana Beverage Alliance, which represents Budweiser distributors, hoped to derail federal court cases by Monarch, the Indiana Petroleum Marketers and the Convenience Store Association with Senate Bill 415, which stated that if any portion of the Indiana code on alcohol is found to be invalid, the rest shall be interpreted to limit, rather than expand, commerce in that industry.

The lawsuits by Monarch and the convenience stores claim that Indiana's alcohol laws are unconstitutional.

Alting stripped the court-instruction language from the bill, which also deals with how beer makers can do business with Indiana wholesalers. Alting said he delayed a committee vote on SB 415 to give Anheueser-Busch InBev and the Budweiser distributors more time to work out their differences.

Among the Budweiser distributors' complaints is that Anheueser-Busch has flooded their docks with beer they didn't order, while forcing them to pay for it.

“In general, it's not our business,” Alting said. “However, what's a little bit different in this situation is Indiana created the beer wholesalers. They play a very, very important role in the three-tier system [of suppliers, wholesalers and retailers]."

Though SB 415 did not advance in the Senate, Alting said he may still insert language protecting the wholesalers in a House bill destined for his committee. The major beermakers are watching the Legislature's reaction to the industry quarrel, Alting said.

"We will protect our beer wholesalers in Indiana," he said.

Indianapolis-based Monarch and the Indiana Beverage Alliance split over Monarch's attempts to pass legislation that would give it the right to distribute liquor. The other beer wholesalers say they fear Monarch would end up creating a monopoly. Liquor distributors also oppose Monarch's effort.

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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