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NEWSDESK." I'M JOE HREN.
I'M JOE HREN. ALCOHOL LAWS ACROSS THE COUNTRY
ALCOHOL LAWS ACROSS THE COUNTRY ARE A HODGEPODGE OF REGULATIONS.
ARE A HODGEPODGE OF REGULATIONS. MANY OF WHICH DATE BACK TO THE
MANY OF WHICH DATE BACK TO THE 1930s.
1930s. THE 21st AMENDMENT ENDED
THE 21st AMENDMENT ENDED PROHIBITION AND LEFT STATES WITH
PROHIBITION AND LEFT STATES WITH NEARLY EXCLUSIVE POWER TO DECIDE
NEARLY EXCLUSIVE POWER TO DECIDE HOW TO REGULATE ALCOHOL WITHIN
HOW TO REGULATE ALCOHOL WITHIN THEIR GEOGRAPHIC BOUNDARIES.
THEIR GEOGRAPHIC BOUNDARIES. IN INDIANA NEARLY ALL CARRY-OUT
IN INDIANA NEARLY ALL CARRY-OUT SALES OF ALCOHOL ARE PROHIBITED
SALES OF ALCOHOL ARE PROHIBITED ON SUNDAYS AND THE LIQUOR STORES
ON SUNDAYS AND THE LIQUOR STORES HOLD THE EXCLUSIVE RIGHT TO SELL
HOLD THE EXCLUSIVE RIGHT TO SELL COLD BEER.
COLD BEER. AS SCARE AWITTMEYER REPORTS, THE
AS SCARE AWITTMEYER REPORTS, THE BATTLE TO LOOSEN SOME OF THOSE
BATTLE TO LOOSEN SOME OF THOSE LEGS IS PLAYING OUT IN COURT
LEGS IS PLAYING OUT IN COURT AFTER A GROUP OF CONVENIENCE
AFTER A GROUP OF CONVENIENCE STORES FILED SUIT AGAINST THE
STORES FILED SUIT AGAINST THE STATE FOR THE RIGHT TO SELL COLD
STATE FOR THE RIGHT TO SELL COLD BEER.
BEER. >> KATHY HAS LIVED IN
>> KATHY HAS LIVED IN BLOOMINGTON, INDIANA FOR
BLOOMINGTON, INDIANA FOR TWO-AND-A-HALF YEARS.
TWO-AND-A-HALF YEARS. SHE HAS LIVED ALL OVER THE U.S.,
SHE HAS LIVED ALL OVER THE U.S., NEW MEXICO, VERMONT, CALIFORNIA.
NEW MEXICO, VERMONT, CALIFORNIA. SHE WAS SURPRISED TO LEARN WHEN
SHE WAS SURPRISED TO LEARN WHEN SHE MOVED HERE SHE COULDN'T GO
SHE MOVED HERE SHE COULDN'T GO TO THE GROCERY OR STOP IN A GAS
TO THE GROCERY OR STOP IN A GAS STATION AND PICK UP A COLD BEER.
STATION AND PICK UP A COLD BEER. >> I WALKED INTO THE GROCERY
>> I WALKED INTO THE GROCERY STORE AND THE FACT THERE WAS
STORE AND THE FACT THERE WAS ALCOHOL IN THE GROCERY STORE, I
ALCOHOL IN THE GROCERY STORE, I WAS LIKE OKAY, BUT THEN I WAS
WAS LIKE OKAY, BUT THEN I WAS LIKE, OKAY, WHERE'S THE
LIKE, OKAY, WHERE'S THE REFRIGERATED SECTION.
REFRIGERATED SECTION. IT JUST WASN'T THERE.
IT JUST WASN'T THERE. I THINK THAT I WENT TO A KROGER
I THINK THAT I WENT TO A KROGER THAT HAD LIKE THE CHILLER FOR
THAT HAD LIKE THE CHILLER FOR THE WINE.
THE WINE. I WAS LIKE, OKAY, I COULD CHILL
I WAS LIKE, OKAY, I COULD CHILL A BOTTLE OF WINE BUT I'M DASH
A BOTTLE OF WINE BUT I'M DASH WHAT IF I PUT A BOTTLE OF
WHAT IF I PUT A BOTTLE OF BEER -- IT WAS VERY STRANGE.
BEER -- IT WAS VERY STRANGE. >> IT WAS ANOTHER HOOSIER WHO
>> IT WAS ANOTHER HOOSIER WHO IGNITED CURRENT BATTLE, A MAN
IGNITED CURRENT BATTLE, A MAN FROM RICHMOND, INDIANA BOUGHT A
FROM RICHMOND, INDIANA BOUGHT A CHILLED 12-PACK OF BUD LIGHT
CHILLED 12-PACK OF BUD LIGHT FROM A LIQUOR STORE FOR $13.36.
FROM A LIQUOR STORE FOR $13.36. HE BOUGHT THE SAME WARM 12-PACK
HE BOUGHT THE SAME WARM 12-PACK FROM A RICHMOND CONVENIENCE
FROM A RICHMOND CONVENIENCE STORE FOR ALMOST $3 LESS.
STORE FOR ALMOST $3 LESS. HE THEN CROSSED OVER THE BORDER
HE THEN CROSSED OVER THE BORDER INTO OHIO AND BOUGHT THE SAME
INTO OHIO AND BOUGHT THE SAME 12-PACK COLD FOR $11.76.
12-PACK COLD FOR $11.76. >> ONE OF THE THINGS INDIANA
>> ONE OF THE THINGS INDIANA CONSUMERS WILL REALIZE WHEN THEY
CONSUMERS WILL REALIZE WHEN THEY GO BUY COLD BEER IN A LIQUOR
GO BUY COLD BEER IN A LIQUOR STORE, THE VERY FIRST THING THE
STORE, THE VERY FIRST THING THE CLERK DOES IS TOUCH THE PACKAGE
CLERK DOES IS TOUCH THE PACKAGE BECAUSE IF THE PACKAGE IS COLD
BECAUSE IF THE PACKAGE IS COLD YOU GET CHARGED A HIGHER PRICE
YOU GET CHARGED A HIGHER PRICE THAN IF YOU WOULD HAVE PICKED UP
THAN IF YOU WOULD HAVE PICKED UP A CASE OF BEER THAT WAS JUST ON
A CASE OF BEER THAT WAS JUST ON THEIR FLOOR.
THEIR FLOOR. >> ACCORDING TO IMUS, INDIANA IS
>> ACCORDING TO IMUS, INDIANA IS THE ONLY STATE IN THE COUNTRY
THE ONLY STATE IN THE COUNTRY THAT REGULATES BEER SALES BASED
THAT REGULATES BEER SALES BASED ON TEMPERATURE.
ON TEMPERATURE. >> NO STATE HAS A POLICY GOAL OF
>> NO STATE HAS A POLICY GOAL OF MAKING ALCOHOL READILY
MAKING ALCOHOL READILY AVAILABLE.
AVAILABLE. THERE IS CONSEQUENCES FOR WHEN A
THERE IS CONSEQUENCES FOR WHEN A CONTROLLED PRODUCT IS MISUSED OR
CONTROLLED PRODUCT IS MISUSED OR MISSOLD.
MISSOLD. >> TAMM SAYS THE STATE HAS THE
>> TAMM SAYS THE STATE HAS THE CONSTITUTIONAL RIGHT UNDER THE
CONSTITUTIONAL RIGHT UNDER THE 21st AMENDMENT TO DETERMINE
21st AMENDMENT TO DETERMINE HOW ALCOHOL IS SOLD AND WHO
HOW ALCOHOL IS SOLD AND WHO SELLS IT.
SELLS IT. >> OTHER STATES HAVE DONE
>> OTHER STATES HAVE DONE VARIOUS OTHER MATTERS AS WELL.
VARIOUS OTHER MATTERS AS WELL. HOWEVER, WE BELIEVE THAT THE
HOWEVER, WE BELIEVE THAT THE STATE OF INDIANA HAS CREATED A
STATE OF INDIANA HAS CREATED A SYSTEM THAT'S WORKED WELL FOR
SYSTEM THAT'S WORKED WELL FOR ITS PUBLIC.
ITS PUBLIC. >> TAMM SAYS THE LEGISLATURE,
>> TAMM SAYS THE LEGISLATURE, NOT THE COURTROOM, IS THE PLACE
NOT THE COURTROOM, IS THE PLACE TO SET PUBLIC POLICY.
TO SET PUBLIC POLICY. FOR YEARS THE CONVENIENCE STORE
FOR YEARS THE CONVENIENCE STORE ASSOCIATION TRIED THAT AVENUE,
ASSOCIATION TRIED THAT AVENUE, BUT NONE OF THE PROPOSALS EVER
BUT NONE OF THE PROPOSALS EVER GAINED ANY TRACTION IN THE
GAINED ANY TRACTION IN THE LEGISLATURE.
LEGISLATURE. THEY SAY IT'S BECAUSE THE LIQUOR
THEY SAY IT'S BECAUSE THE LIQUOR LOBBYISTS, LIKE TAMM, HAVE SUCH
LOBBYISTS, LIKE TAMM, HAVE SUCH A STRONGHOLD OVER THE
A STRONGHOLD OVER THE LEGISLATURE.
LEGISLATURE. THE GROUP'S SUIT CONTENDS THE
THE GROUP'S SUIT CONTENDS THE RESTRICTIONS THAT PROHIBIT GAS
RESTRICTIONS THAT PROHIBIT GAS STATIONS, GROCERY STORES AND
STATIONS, GROCERY STORES AND PHARMACIES FROM SELLING COLD
PHARMACIES FROM SELLING COLD BEER ARE DISCRIMINATORY AND
BEER ARE DISCRIMINATORY AND GRANT UNEQUAL PROTECTION TO ONE
GRANT UNEQUAL PROTECTION TO ONE GROUP.
GROUP. THE LIQUOR STORE INDUSTRY.
THE LIQUOR STORE INDUSTRY. INDIANA UNIVERSITY LAW PROFESSOR
INDIANA UNIVERSITY LAW PROFESSOR DAVID ORENTLICHER SAYS IT'S
DAVID ORENTLICHER SAYS IT'S GOING TO BE DIFFICULT FOR THE
GOING TO BE DIFFICULT FOR THE PLAINTIFFS TO USE THE EQUAL
PLAINTIFFS TO USE THE EQUAL PROTECTION ARGUMENT IN COURT.
PROTECTION ARGUMENT IN COURT. >> WHAT THE COURT HAS SAID IS,
>> WHAT THE COURT HAS SAID IS, IT'S OKAY TO DRAW DISTINCTIONS
IT'S OKAY TO DRAW DISTINCTIONS AND TREAT SOME PEOPLE
AND TREAT SOME PEOPLE DIFFERENTLY THAN OTHERS, IT'S
DIFFERENTLY THAN OTHERS, IT'S OKAY TO TREAT GROCERY STORES
OKAY TO TREAT GROCERY STORES DIFFERENT THAN CONVENIENCE
DIFFERENT THAN CONVENIENCE STORES AND DIFFERENT FROM GAS
STORES AND DIFFERENT FROM GAS STATIONS AND LIQUOR STORES.
STATIONS AND LIQUOR STORES. YOU CAN TREAT THEM DIFFERENTLY,
YOU CAN TREAT THEM DIFFERENTLY, AS LONG AS IT'S NOT IRRATIONAL.
AS LONG AS IT'S NOT IRRATIONAL. >> WHAT YOU TEND TO HEAR MORE
>> WHAT YOU TEND TO HEAR MORE ABOUT ARE INDIVIDUAL CASES THAT
ABOUT ARE INDIVIDUAL CASES THAT MIGHT BE BASED ON RACE OR SEX OR
MIGHT BE BASED ON RACE OR SEX OR RELIGION, BUT THE COURTS HAVE
RELIGION, BUT THE COURTS HAVE LONG RECOGNIZED AND HELD,
LONG RECOGNIZED AND HELD, SUPREME COURT HAS LONG HELD,
SUPREME COURT HAS LONG HELD, THAT BUSINESSES ALSO ARE
THAT BUSINESSES ALSO ARE PROTECTED BY THE EQUAL
PROTECTED BY THE EQUAL PROTECTION CLAUSE OF THE U.S.
PROTECTION CLAUSE OF THE U.S. CONSTITUTION.
CONSTITUTION. >> JOHN MALEY, LEAD ATTORNEY ON
>> JOHN MALEY, LEAD ATTORNEY ON THE CASE HAS ALSO REPRESENTED
THE CASE HAS ALSO REPRESENTED THIS STATION ON AN UNRELATED
THIS STATION ON AN UNRELATED MATTER.
MATTER. HE SAYS THE RECENT RULING IN THE
HE SAYS THE RECENT RULING IN THE SMOKING BAN CASE ADDS STRENGTH
SMOKING BAN CASE ADDS STRENGTH TO HIS CASE.
TO HIS CASE. >> THEY SAID RESTAURANTS, BARS,
>> THEY SAID RESTAURANTS, BARS, CAN'T SMOKE THERE, BUT CAN SMOKE
CAN'T SMOKE THERE, BUT CAN SMOKE IN THE CASINO.
IN THE CASINO. THE INDIANA SUPREME COURT SAYS,
THE INDIANA SUPREME COURT SAYS, NO, THAT VIOLATES EQUAL
NO, THAT VIOLATES EQUAL PRIVILEGES.
PRIVILEGES. SO BUSINESSES ARE ENTITLED TO BE
SO BUSINESSES ARE ENTITLED TO BE TREATED EQUALLY.
TREATED EQUALLY. >> LIQUOR STORES ARE HEAVILY
>> LIQUOR STORES ARE HEAVILY REGULATED.
REGULATED. THERE ARE RULES ABOUT WHO CAN
THERE ARE RULES ABOUT WHO CAN ENTER, WHERE STORES CAN BE
ENTER, WHERE STORES CAN BE LOCATED, AND EMPLOYEES HAVE TO
LOCATED, AND EMPLOYEES HAVE TO HAVE SPECIAL PERMITS TO SELL
HAVE SPECIAL PERMITS TO SELL ALCOHOL.
ALCOHOL. THAT'S WHY PATRICK TAMM SAYS
THAT'S WHY PATRICK TAMM SAYS THEY SHOULD CONTINUE TO HAVE THE
THEY SHOULD CONTINUE TO HAVE THE EXCLUSIVE RIGHT TO SELL COLD
EXCLUSIVE RIGHT TO SELL COLD BEER.
BEER. >> WE BELIEVE ALCOHOL IS VERY
>> WE BELIEVE ALCOHOL IS VERY MUCH DIFFERENT THAN PEANUT BUTT
MUCH DIFFERENT THAN PEANUT BUTT IR.
IR. OUR GAS STATION THAT FRIENDS
OUR GAS STATION THAT FRIENDS WOULD LIKE TO SELL IT LIKE
WOULD LIKE TO SELL IT LIKE PEANUT BUTTER AND WE BELIEVE
PEANUT BUTTER AND WE BELIEVE ALCOHOL IS SOLD IN A REGULAR
ALCOHOL IS SOLD IN A REGULAR LAID ENVIRONMENT BECAUSE THERE
LAID ENVIRONMENT BECAUSE THERE ARE CONSEQUENCES WHEN YOU MISUSE
ARE CONSEQUENCES WHEN YOU MISUSE OR IN AINAPPROPRIATELY SELL
OR IN AINAPPROPRIATELY SELL ALCOHOL.
ALCOHOL. >> SARA WOULD IT MEYER JOINS US
>> SARA WOULD IT MEYER JOINS US FOR MORE ON THE STORY.
FOR MORE ON THE STORY. IT WAS SAID THE PLAINTIFFS KEEP
IT WAS SAID THE PLAINTIFFS KEEP SAYING THE LIQUOR STORES ARE
SAYING THE LIQUOR STORES ARE WORSE AT SELLING LIQUOR TO
WORSE AT SELLING LIQUOR TO UNDERAGE PEOPLE, RIGHT --
UNDERAGE PEOPLE, RIGHT -- >> DESPITE ALL THE REGULATIONS.
>> DESPITE ALL THE REGULATIONS. THERE'S A PROGRAM WHERE THEY GO
THERE'S A PROGRAM WHERE THEY GO AROUND TO ALL PLACES THAT SELL
AROUND TO ALL PLACES THAT SELL ALCOHOL, AND THEY TEST TO SEE IF
ALCOHOL, AND THEY TEST TO SEE IF THESE PERMIT HOLDERS ARE SELLING
THESE PERMIT HOLDERS ARE SELLING TO MINORS.
TO MINORS. THE PROGRAM HAS BEEN IN
THE PROGRAM HAS BEEN IN EXISTENCE FOR FOUR YEARS AND IN
EXISTENCE FOR FOUR YEARS AND IN EACH OF THOSE FOUR YEARS, IT'S
EACH OF THOSE FOUR YEARS, IT'S ACTUALLY THE LIQUOR STORES, NOT
ACTUALLY THE LIQUOR STORES, NOT CONVENIENCE STORES OR GAS
CONVENIENCE STORES OR GAS STATIONS OR DRUGSTORES, THAT
STATIONS OR DRUGSTORES, THAT HAVE SOLD TO MINORS MOST OFTEN.
HAVE SOLD TO MINORS MOST OFTEN. >> SO THE LINE ON WHAT
>> SO THE LINE ON WHAT CONVENIENCE STORES AND GAS
CONVENIENCE STORES AND GAS STATIONS CAN SELL IS WHETHER OR
STATIONS CAN SELL IS WHETHER OR NOT THE ALCOHOL CONTAINS HOPS,
NOT THE ALCOHOL CONTAINS HOPS, IS THAT RIGHT?
IS THAT RIGHT? SO WE SPOKE TO QUINN RICKER, HE
SO WE SPOKE TO QUINN RICKER, HE OWNS 50 CONVENIENCE STORES IN
OWNS 50 CONVENIENCE STORES IN INDIANA, AND HERE IS WHAT HE
INDIANA, AND HERE IS WHAT HE SAID.
SAID. >> YOU CAN GO INTO ONE OF OUR
>> YOU CAN GO INTO ONE OF OUR STORES AND BUY A BOTTLE OF WINE,
STORES AND BUY A BOTTLE OF WINE, COLD AT 14% ALCOHOL.
COLD AT 14% ALCOHOL. BUT WHAT DOESN'T MAKE ANY SENSE
BUT WHAT DOESN'T MAKE ANY SENSE IS YOU CAN GO INTO ONE OF OUR
IS YOU CAN GO INTO ONE OF OUR STORES, BUY THAT BOTTLE OF
STORES, BUY THAT BOTTLE OF ALCOHOL COLD AT 14%, YOU CAN'T
ALCOHOL COLD AT 14%, YOU CAN'T BUY A 4% BOTTLE OF BEER AT OUR
BUY A 4% BOTTLE OF BEER AT OUR STORES COLD.
STORES COLD. SO IT JUST REALLY DOESN'T MAKE
SO IT JUST REALLY DOESN'T MAKE SENSE FOR US IN OUR MINDS THAT
SENSE FOR US IN OUR MINDS THAT THIS -- THIS DIFFERENTIATION.
THIS -- THIS DIFFERENTIATION. >> HMM.
>> HMM. >> YEAH, I THINK WHAT THAT
>> YEAH, I THINK WHAT THAT REALLY SHOWS IS THAT THE LAWS
REALLY SHOWS IS THAT THE LAWS ARE CONFUSING.
ARE CONFUSING. BUT IT'S IMPORTANT TO ADD SOME
BUT IT'S IMPORTANT TO ADD SOME CONTEXT.
CONTEXT. BECAUSE THEY'RE CONFUSING IN
BECAUSE THEY'RE CONFUSING IN EVERY STATE.
EVERY STATE. INDIANA HAS SOME QUIRKY LAWS BUT
INDIANA HAS SOME QUIRKY LAWS BUT JUST IN DOING MY RESEARCH,
JUST IN DOING MY RESEARCH, NEW YORK ALMOST PROHIBITS CHAIN
NEW YORK ALMOST PROHIBITS CHAIN LIQUOR STORES BECAUSE THE OWNER
LIQUOR STORES BECAUSE THE OWNER HAS TO LIVE WITHIN A CERTAIN
HAS TO LIVE WITHIN A CERTAIN RADIUS OF THEIR BUSINESS, AND
RADIUS OF THEIR BUSINESS, AND PENNSYLVANIA AND IDAHO BOTH
PENNSYLVANIA AND IDAHO BOTH REQUIRE THAT YOU BUY ALCOHOL
REQUIRE THAT YOU BUY ALCOHOL FROM STATE-RUN STORES.
FROM STATE-RUN STORES. SO THE LAWS ARE ALL OVER THE
SO THE LAWS ARE ALL OVER THE MAP.
MAP. >>