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Jester King Craft Brewery Sues Texas Alcoholic Beverage Commission
Local breweries and brewpubs have fought in the last several legislative sessions to overcome laws that restrict many of their production and distribution activities.
With many of the political efforts of the past few years falling short, Jester King Brewery has taken it upon themselves to ferry the fight to the next level. Jester King filed a lawsuit in federal court against the Texas Alcoholic Beverage Commission last Wednesday, claiming that several laws that are currently enforced restrict the freedom of both the brewer and the consumer.
“We have sued the TABC because we believe that its Code violates our rights under the 1st and 14th Amendments to the Constitution of the United States,” the blog reads. “We have chosen to pursue these matters in federal court after witnessing the lack of progress that has resulted from previous attempts to address the inequities of the TABC Code legislatively. During the last legislative session, there were bills aimed at giving breweries and brewpubs similar rights to Texas wineries, but these bills never even made it out of committee.”
The suit is threefold in its goals.
First, the brewery wants to be able to legally tell their customers where their beer is sold, and be able to accurately label their brews.
Second, Jester King wants to be able to sell their beer directly to the public. Many other states in America already allow breweries and brewpubs to sell six-packs directly from the production facilities. Texas allows wineries to sell bottles directly from premises, but not breweries.
Third, they want to challenge the law that requires every foreign brewery that wishes to sell beer in Texas to obtain its own separate license. This would make it easier for foreign breweries to get their product into Texas.
Here’s the full press release from Jester King.
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Comments
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By Craft Beer Enthusiast
October 25, 2011 3:46 PM | Link to this
Jester King is right, but rather ambitious. The In-Bev lobby has deep pockets and has been successful in keeping their competition stifled so far. I hope, but am not expecting, Jester King will come out on top.
By Will Hubbell
October 25, 2011 3:51 PM | Link to this
“The brewery wants to be able to legally tell their customers where their beer is sold, and be able to accurately label their brews.”
This is completely, ridiculously reasonable. I had no idea they couldn’t do that until today, but I guess that’s why it’s been so hard for me to find Black Metal Imperial Stout!
What possible defense could you have against letting the brewery do this? Especially when there’s a double standard for other forms of alcohol.
By Beer Dude
October 25, 2011 4:07 PM | Link to this
Go for it. These guys are brewing the good stuff and is being held up by antiquated laws. One thing to remember is that the TABC may just have to come and “monitor” your activity. Be careful.
By worksInsurance
October 25, 2011 4:15 PM | Link to this
I support Jester King and all Texas breweries. I have not paid for a ‘foreign’ beer in years. Seriously. (To be fair, I’m also a home brewer.)
Sadly, they won’t win. I doubt if the Feds will even hear it. Alcohol profits are not for the ‘little guy’. They are for the super-rich jerks that run all governments. They won’t share- not even a little bit.
But good luck.
A Caveat- when I was ‘out West’ I did buy a Pliny the Elder and a couple of other Russian River beers. Yum Yum.
By Stumblin' Drunk in Pflugerville
October 25, 2011 4:27 PM | Link to this
Sic Em! Drink up guys. Just watch out for Prohibition Patti. She a real ringer.
By B
October 25, 2011 4:28 PM | Link to this
I’m behind Jester King 100% of the way. Very glad to see one of our microbreweries step up and fight for their rights. Big kudos to them! Now to go celebrate with a Commercial Suicide. :-)
By Jeff
October 25, 2011 5:29 PM | Link to this
Good for Jester King!! Stand up to the Mafia Liquor Distributors. It is time for that to go away
By Mark
October 25, 2011 5:32 PM | Link to this
The entire beer distributorship setup is just another example of America’s crony capitalism. It doesn’t matter which party is in charge. They both want to expand government so they can control enterprise and give benefits to their donors.
You can’t buy beer from a craft brewer or brew pub because large brewers like Anheuser-Busch bribes politicians to keep the three-tier distribution system. It’s cheaper for them to pay politicians and prop up distributors than it is to compete in a free and open market.
By Jeff
October 25, 2011 7:53 PM | Link to this
The lawsuit is cheaper than ongoing, failed lobby efforts. I back the supply and demand economics of the little guy just as much as the nerds in St. Louis. Who, by the way, will be tasting a bit of brew from US tomorrow night. amen.
By Mark
October 25, 2011 9:42 PM | Link to this
Abolish the three-tier laws and beer will be as cheap as coke. Europe is the model.
By pranqster
October 25, 2011 9:58 PM | Link to this
100% for jester king. the tabc is something straight out of the ussr. just bizarre that they exist and are tolerated in this country.
By Keith
October 26, 2011 8:42 AM | Link to this
The reason why Texas alcohol laws are such a tangle of nonsense and incompetence is twofold: money and religion. There are too many people in the Texas government getting rich off the current laws, and there are way too many idiotic, blue-nosed Puritanical idiots who think they have the God-given mission of making the world dry out. You want to see progress in our blue laws? Vote out all the Baptists.
By Beer Drinker
October 26, 2011 10:43 AM | Link to this
I would love to see Jester King win this.
The fact that breweries can’t do what wineries can do is ludicrous.
By Thag
October 27, 2011 10:23 AM | Link to this
They won’t win. The court is not going to rule against the TABC for following the asinine liquor laws. How do you sue anyone for obeying their orders? Never happen.
What Jester King should do is publish a list of stores that DON’T carry their stuff. That is perfectly legal.
By Emma
October 27, 2011 11:26 AM | Link to this
Jester King ain’t that good anyway.
I’ve noticed a pattern over the last few years: Austin’s had too many homebrewers think they can open up breweries.
Here’s some advice- don’t open a brewery if your beer sucks. Just because all your friends “like your beer” doesn’t mean you should go commercial with it. Most of them are probably just being nice. For example, Jester King’s commercial suicide tastes like they took a decent beer and then watered it down.
Eventually the hype and “go local” thing will wear off and then half these breweries (I’m looking right at you Circle Brewing, Jester King, Thirsty Planet, and South Austin Brewing) be declaring bankruptcy.
Then maybe someone who knows what they’re doing will actually open a decent brewery a la Dogfish Head, Lagunitas, Stone, or Avery.
By Winchester
November 1, 2011 12:55 PM | Link to this
Emma, Commercial Suicide tastes exactly like it should; it’s an English Mild. Please learn beer styles before making a fool of yourself again. And BTW, Wytchmaker is a great IPA.
By Winchester
November 1, 2011 10:47 PM | Link to this
Correct my remark to Emma 10/27/11 11:26 AM, not our host. BTW I love Lagunitas, but they changed their ESB recipe some time back, and it’s not as good, Stone & Avery put out very good product; but sorry Dogfishhead tends to blow; they want to go EXTREME on their beers without regard to what they should be. The 60 Minute is fine, the others suck in my opinion.