FEDERAL JUDGE THROWS OUT KY. DISTILLED LIQUOR AND WINE SALES RESTRICTION ON GROCERY STORES

Jack Brammer — jbrammer@herald-leader.com
FRANKFORT – A federal judge ruled Tuesday that the state law that prohibits grocery and convenience stores from selling wine and distilled spirits is unconstitutional.
U.S. District Judge John G. Heyburn II of Louisville ruled that the state law violates the U.S. Constitution’s Equal Protection Clause in that it prohibits certain grocery stores, gas stations and others from obtaining a license to sell package liquor and wine.
The judge also said his order would be put on hold until the court could hold a conference with the parties involved to discuss various issues.
The ruling came in the civil case of Maxwell’s Pic-Pac, Inc., and others versus state Alcoholic Beverage Control Commissioner Tony Dehner, who enforces state alcoholic beverage laws.
Dick Brown, a spokesman for the state ABC, said “We are studying the ruling to determine its impact.”
The state has required grocery stores to have a separate entrance and shop to sell alcoholic beverages. Such requirements do not apply to drug stores.

Read more here: http://www.kentucky.com/2012/08/14/2298869/judge-overturns-kentuckys-ban.html#emlnl=Breaking_news#storylink=cpy

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