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State responds to complaint over cold beer sales

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The Office of the Indiana Attorney General has filed an answer to a lawsuit challenging the state’s laws and regulations that keep gas stations and grocery stores from selling cold beer.

In a complaint filed in May, the Indiana Petroleum Marketers and Convenience Store Association, along with a handful of convenience stores and a consumer, charged the state’s regulations that prevent them from selling refrigerated beer violate their rights guaranteed by the U.S. and Indiana constitutions.

The complaint was filed in the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Debra McVicker Lynch is presiding over the case.

The Indiana Alcohol and Tobacco Commission; Alex Huskey, chairman of the Indiana Alcohol and Tobacco Commission; and the state of Indiana were all named as defendants.

As part of their answer, the defendants denied the allegations and countered that they have not violated the plaintiffs’ rights secured under the Constitution or laws of the United States and the state of Indiana. Moreover, they asserted the plaintiffs’ claims under state and federal law are barred by sovereign immunity and the 11th amendment of the U.S. Constitution.

The defendants conclude by asking the court to enter a judgment in their favor.

Currently, Indiana statute only allows package liquor stores to sell cold beer. Convenience store owners have tried several times to convince the Indiana General Assembly to rewrite state law, but the Legislature has resisted.

Liquor stores maintain their business will be devastated and minors will have easier access to alcohol if convenience stores are allowed to sell cold beer.





 
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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