More briefs from the Missouri Broadcasters appeal over alcohol advertising regulations

Just a quick update I forgot to post earlier. In addition to the opening brief and addendum filed by the State of Missouri with the 8th Circuit requesting reversal of the trial court’s decision finding two alcohol advertising laws and a tied-house provision of Missouri’s liquor laws violated the First Amendment rights of the plaintiffs (some broadcasters, a bar, and a grape farmer) and that the laws failed to advance Missouri’s interests in dissuading over-consumption, reducing underage drinking, and maintaining an orderly marketplace (advertising bans don’t reduce consumption, prohibiting advertising outside retailers but not inside them was inconsistent).

In mid-October the State filed its brief and addendum requesting the Appellate Court overturn the verdict.

In late October the National Beer Wholesalers Association in conjunction with the American Beverage Licensees, the Missouri Beer Wholesalers Association, the Missouri Craft Brewers Guild, and the Wine & Spirits Wholesalers of America, Inc., filed an amicus brief supporting Missouri. The brief paints a biased historical picture of pre/post prohibition and the reasoning behind liquor regulations. Of note: this brief cites “Toward Liquor Control” with both the 2011 cite and the 1933 cite, making it a bit disingenuous by presenting that screed as though it were something modern and not based off outdated and completely unfounded and antiquated just-so stories).

The Appellees, Meyer Farms, Inc., Missouri Broadcasters Association, Uncle D’s Sports Bar & Grill, L.L.C. and Zimmer Radio of Mid-MO, Inc., have been granted an extension to December 10 to file their brief.

We’ve gathered copies of these briefs for you:

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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