Public Ownership Ban of Liquor Stores Survives. Texas Wins on Dormant Commerce Clause as 5th Circuit Vacates and Remands District Court

The first federal court decision on a state’s alcohol laws analyzed under the dormant Commerce Clause since the recent Tennessee Wine and Spirits Retailers Association case has now been handed down and the state of Texas is the beneficiary. The issue is a Texas law (22.16) that bans public ownership of liquor store retailers.  On…Read More

Guest Column: 100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy

100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy On January 16, 2019 the United States Supreme Court will hear oral arguments in the case Tennessee Wine and Spirits Retailers Association v. Blair.   January 16th is a critical date in alcohol policy history because on…Read More

New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges (Procedural…Read More

Federal Court Rejects Challenge to Oklahoma Constitutional Amendment on Alcohol

Federal Judge Robin Cauthron today dismissed a challenge to the recently passed amendment to the Oklahoma Constitution relating to alcohol sales. Last year the voters in Oklahoma voted for historic changes to alcohol laws in the state with 65.6% in favor of the proposed changes. The plaintiffs, the Oklahoma Retail Association, had a competing initiative that did…Read More