Indiana Won’t Let You Buy Cold Beer In Grocery Stores… But A Challenge To That Law Could Be Decided As Soon As Early 2014

Just a quick update and some new information on the battle
by grocery stores and convenience marts in Indiana to be able to sell cold beer
(yes, they really can’t do that in Indiana). 
For a little more information, you
can read my earlier post on the challenge that the grocers and convenience
stores are mounting here

The State of Indiana filed its answer to the complaint with
no real surprises.  The State has generally
denied every allegation and argument. 
You can read the answer to this complaint here.

In an interesting development, another interested party has
filed a request to intercede in the case. 
21st Amendement, Inc.,
a self-described “locally owned package liquor store chain with nineteen stores
in the greater Indianapolis area”. 
[Note:  Packaged goods stores can
sell cold beer in Indiana].

The packaged goods stores argue that the cold beer
restrictions applied to grocery stores are a reasonable application of State
authority over liquor regulation.  The
packaged goods stores want the court to either leave the law in place (because
it helps packaged goods stores) or enforce the same restrictions that packaged
goods face against anyone seeking to sell cold beer (e.g., a limit on the number of licenses available in the state, the
inability to allow minors on premises, mandatory employee training, etc.)

A copy of the packaged goods stores’ petition to intervene
can be found here

This is quite a bit of fuss over cold beer.  Unless there’s a scarcity of refrigerators in
the state, I can only surmise that there’s some need for immediate consumption
that makes this merited – otherwise Hoosiers could just wait a few hours while
the beer chills in the ice box. 

In any event, you won’t be waiting long for a decision.  The schedule for this case puts a decision on
the merits as a possibility as soon as early 2014.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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