In a 10-1 decision, an en banc panel of the 9th Circuit overruled a previous three judge decision of the Ninth Circuit and reinstated a district court decision that upheld a California alcohol law regulating the payment between suppliers/wholesalers and retailers. In the opinion authored by Judge Paez the opinion noted that the Supreme Court’s Central Hudson…Read More
En Banc Panel Upholds California Tied House Law Against First Amendment Challenge
June 14, 2017 21st Amendment Alcohol Regulation Supreme Court
Idaho Court Rules Against Effort to Restrict 10 Barrel Brewpub in Idaho
October 24, 2016 21st Amendment Alcohol Regulation
A state district court ruled against the distributor challenge to the Idaho State Police’s interpretation of Idaho’s small brewer definition. The Court noted the confusing language in the sections of Idaho code but concluded, “Whatever the legislature intended, it did not preclude an international giant in the industry from buying out the local competition of brewers…Read More
Ninth Annual Law and Policy Conference to be Held in Dallas on August 29-30
August 11, 2016 21st Amendment Alcohol Regulation Equal Protection
The Ninth Annual Alcohol Law and Policy Conference is taking place August 29 and 30 in Dallas, Texas. The conference starts with an opening night reception on Sunday, August 28. The conference will take place all day Monday, the 29th and ends around noon on Tuesday, the 30th. This annual conference brings together a wide range of…Read More
Is It Time for a 28th Amendment to the U.S. Constitution to Regulate Marijuana Like Alcohol?
July 15, 2016 21st Amendment Alcohol Regulation Guest Columns
There is a certain appeal to the sound-bite of the pro marijuana legalization forces when they claim they want to “regulate marijuana like alcohol,” but the devil is always in the details. The conversation about regulating marijuana like alcohol is incomplete without mentioning the unique constitutional nature of alcohol regulation. A previous post suggested that…Read More
7th Circuit Rules for Indiana in Cold Beer Case
December 14, 2015 21st Amendment All Equal Protection
The 7th Circuit finally ruled for the state of Indiana against a challenge by grocery stores related to the regulations on the sale of cold beer. In its opinion, the court ruled for the state and concluded; “The Association’s policy arguments for allowing cold-beer sales by grocery and convenience stores are matters for the Indiana…Read More
