American Brewer 2012v1 Winter 2012 : Page 6
“We’re essentially in the same business as wineries, and nothing justifi es a separate set of laws.” the suit. They worry that relaxing labeling restric-declaring the laws in question “an unconstitutional WLRQVFRXOG³RSHQWKHÀ RRGJDWHVWRPRUHSURGXFWV restriction of free speech.” The ruling became ef-coming into Texas,” he elaborated. And now that it’s fective immediately, allowing Texas breweries to permissible to list which beers can be bought where, relabel their beers and post “where to buy” pages on “there’s a fear that bigger breweries could strong-the Internet. The TABC reportedly will not appeal arm distributors into granting them more prominent the verdict. positions on their ads.” Judge Sparks, however, ruled against the plaintiffs %XWKHEHOLHYHGWKDWWKHYHUGLFWZRXOGEHQH¿ W on points four through six, allowing the state to en-consumers, “and we feel their interests and our force different rules for breweries and other alcohol interests are the same.” producers. Extract had maintained that these were Had he won his 14th Amendment chal-violations of the 14th Amendment, “which forbids lenge, Extract might have opened another can discrimination against a particular subset of people of worms. What if Anheuser-Busch InBev for arbitrary reasons.” argued that since it’s in the same business “We’re essentially in the same business as win-as brewpubs, it should be able to sell HULHV�f;DQGQRWKLQJMXVWL¿ HVDVHSDUDWHVHWRIODZV�f;´ beer directly to the public at its Hous-he claimed. But he conceded that the burden of ton branch? (Indeed, AB-InBev last proof was higher under the Equal Protection Clause, spring helped shoot down H.B. 602 and wasn’t surprised by the court’s decision. -a bill to allow small Texas breweries to Extract was unsure whether he would appeal that Ron Extract, Jester King co-founder. provide small amounts of beer to visitors following part of the verdict or seek to amend existing state tours -on the grounds that it was discriminatory.) laws. “Honestly, I wouldn’t care if Anheuser-Busch wants to operate a bar He did charge, however, that the Texas legislature has been unre-on-site,” answers Extract. “I don’t think them serving a few pints would sponsive to the needs of craft brewers. Extract says that three measures cost Jester King any business.” were introduced in the last session that would have given small brewer-Would the outcome in the case been any different if the CARE Act ies some of the rights now enjoyed by wineries. Two died in committee, DQGWKHWKLUGQHYHUFDPHWRDÀ RRUYRWH³7KHEHHUGLVWULEXWRUVKDYHDORW were in effect? The National Beer Wholesalers Association has declined to comment, noting that the CARE Act addresses Dormant Commerce of power, they contribute a lot of money. Some of them are quite happy Clause but not First or Fourteenth Amendment issues. with things the way they are, and are reluctant to change anything.” Extract admits that some of his fellow brewers are not happy about