The plaintiffs have filed a petition with the 6th Circuit to rehear their Equal Protection challenge to get a court order to allow grocery and convenience stores to sell wine and liquor. It its brief in support of rehearing the plaintiffs state:”Rehearing or rehearing en banc is necessary because this matter raises an issue that is…Read More
Plaintiffs Seek Rehearing In 6th Circuit Wine/Liquor Fight
January 29, 2014 21st Amendment Alcohol Regulation Equal Protection
Guest Column – Commemorating the 80th Anniversary of the 21st Amendment
December 2, 2013 21st Amendment Alcohol Regulation Guest Columns
By: Brannon P. Denning, Center for Alcohol Policy Advisory Council member and professor at Samford University’s Cumberland School of Law Each year the Center for Alcohol Policy sponsors an essay contest to foster debate, analysis, and examination of state alcohol regulation and its implications for citizens across the United States. The topic for…Read More
New Alcohol Litigation in Arkansas Challenging Retail Licensing
October 16, 2013 21st Amendment Alcohol Regulation
An Arkansas resident has brought suit against the state after he was denied a liquor store permit due to state mandated limit on liquor stores in his county. The plaintiff challenged the liquor store restriction stating that it violates the commerce clause and “substantially interferes with interstate commerce.” Here is the amended complaint, brief in…Read More
Fourth Circuit Court Declares Virginia Ban on Alcohol Ads in College Newspapers Unconstitutional
October 7, 2013 Alcohol Regulation All
The University of Virginia and Virginia Tech’s college newspapers The Cavalier Daily and The Collegiate Times challenged the Virginia ABC’s ban on alcohol advertisements in college papers as a violation of First Amendment rights, and a panel of the 4th U.S. District Court of Appeals agreed. The Federal Court reversed the District Court’s conclusion that…Read More
Maryland Court of Appeals Affirms No Dram Shop Liability in Maryland
July 26, 2013 Alcohol Regulation
In a 4-3 vote the Maryland Court of Appeals again held that the state does not recognize a cause of action for dram shop liability. This case involved a tragedy following overservice at an account in Montgomery County. The trial court initially refused the bar’s motion to dismiss, but later granted summary judgement for the…Read More
