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21st Amendment chain blocked from federal cold-beer suit

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A magistrate judge has blocked a retail liquor store chain’s bid to join a federal lawsuit filed by convenience stores challenging an Indiana law that forbids them from selling cold beer.

Magistrate Judge Debra McVicker Lynch of the U.S. Court for the Southern District of Indiana on Wednesday issued a 13-page order denying Indianapolis-based 21st Amendment Inc.’s motion to intervene. The suit claims Indiana’s prohibition on groceries and convenience stores selling cold beer violates the equal protection clause of the U.S Constitution and Article 1, Section 1 of the Indiana Constitution.

The 21st Amendment chain of 19 stores sought to intervene on the basis that the statute permitting cold beer sales in package stores is a benefit given in exchange for the limits imposed on them. State laws forbid liquor stores from selling many grocery items or cold bottled water, for example.

Lynch ruled that 21st Amendment was not entitled to intervene in the case because it failed to satisfy the final element of a four-pronged test under Federal Rule of Civil Procedure 24(a)(2): that no existing party represented 21st Amendment’s interest.

Lynch wrote that 21st Amendment “has no right to intervene because Indiana’s Attorney General is actively defending the constitutionality of the laws challenged by the plaintiffs.” Attorney General Greg Zoeller has said his office will defend the statutes and that any changes in the state’s liquor laws should be up to the Legislature.

Allowing 21st Amendment’s intervention in the case would unnecessarily complicate the litigation and delay its resolution, she wrote. She said 21st Amendment may later seek to file an amicus brief.

The case is Indiana Petroleum Marketers and Convenience Store Association, et al. v. Huskey, et al., 1:13-CV-0784.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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