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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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