‘Beer in TX’ is No More!

[majormadmax]

At first the title scared me, then I read the article...

Beer in TX’ is no more

Posted on 12/20/2011 by Eric Braun

Perhaps the most nonsensical of all the Texas beer rules and regulations — although there are plenty to go around — is the rule that dictates what a beer is called based on whether or not it’s above or below 5% in ABV (alcohol by volume). That rule was struck down by Judge Sam Sparks in a ruling yesterday. He also struck down the rule against producers being able to tell customer where to find their beers.

If you’ve ever noticed a label that read ‘Beer in TX,’ it was likely an ale that couldn’t be called an ale because it was under 5%. Meanwhile, lagers over 5% had to be called an ale or malt liquor. As beer lovers know, ales and lagers are the two main different types of beer and the difference isn’t ABV.

This was based on a lawsuit filed by Austin’s Jester King Brewing and others a few months ago which I wrote about here. Essentially, Judge Sparks found that the labeling rules and the rules against beer manufacturers being able to tell consumer where to find their beer to purchase were both unconstitutional according to the guarantees of the first amendment. So those rules will go away assuming there are no successful appeals or other funny business.

Unfortunately, the judge ruled against using the equal protection clause of the 14th amendment to cancel out the regulations wherein brew pubs can’t sell outside of their buildings and breweries can’t sell inside their buildings. That might have been wishful thinking, but it was worth a shot.

The end result is that you’ll be able to find your state microbrewers’ beers more easily. Out of state brewers will have an easier time getting their labels approved by the TABC, which should in turn increase variety on our store shelves.

The judgment itself is pretty hilarious. Including this zinger from Judge Sparks, “TABC’s argument, combined with artful legislative drafting, could be used to justify any restriction on commercial speech. For instance, Texas would likely face no (legal) obstacle if it wished to pass a law defining the word “milk” to mean “a nocturnal flying mammal that eats insects and employs echolocation.” Under TABC’s logic, Texas would then be authorized not only to prohibit use of the word “milk” by producers of a certain liquid dairy product, but also to require Austin promoters to advertise the famous annual “Milk Festival” on the Congress Avenue bridge. Regardless of one’s feelings about milk or bats, this result is inconsistent with the guarantees of the First Amendment.”

You can read the whole thing here.

Just to put this in the grand scheme of things. There’s been a lot of talk this year about how some court rulings, and even presidential candidates, suggesting that corporations are people. Well, cases like this are what they are talking about. If corporations didn’t have the right to free speech, this ruling wouldn’t have happened. So while it’s one of those things that sound crazy on the surface, there is a reason why they are afforded some of the same rights as people. And no, I’m not endorsing any particular candidate or judge, just giving you something to say next time your buddies spout off at the bar about corporations being people. Like most things, it’s more complicated than it seems.

Anyway, you can read more about it here from Scott Metzger of Freetail brewing and the Jester King Brewing blog. Thanks to both of them for tipping me off and providing links.

Sorry Scott, can’t pay my sources.

 

[mroper]

Damn got scared for a minute.

 

[Dcav]

Dammit Major I almost fell outta my chair at work!!!!

 

[espy59lc]

lmao!

"I have a pain in my chess, and I cant breaff" - was my first thought!

for those you don't get it:

 

[kyletxria1911a1]

mannn my beer is 8.1 that woulda sucked

 

[shortround]

Oklahoma: 3.2 beer in grocery stores. 5-point beer only in liquor stores.

Can buy 3.2 cold, but 5-point only warm.

No worries here in Tejas.

Be well.

 

[jbr24]

according to a bartender in oklahoma, the beer at bars is also 5-pt

 

[RandomHero]

Now if we could only get yeungling in texas....

 

[hkusp1]

This is how civil wars are started.

 

[Wolfwood]

mannn my beer is 8.1 that woulda sucked

... Steel Reserve?

lol

 

[smtimelevi]

... Steel Reserve?

lol

Only the best!

 

[smtimelevi]

 

[RandomHero]

no DFH 90 minute, no care.

 

[kyletxria1911a1]

... Steel Reserve?

lol

Iffin i catch you in my window i will shoot you !!!
Yep i am drinkin fo e-fect

 

[Wolfwood]

LoL that shit will do it to you in a hurry!

they should make High Gravity Mickey's!!!!

 

[kyletxria1911a1]

Yeah baby high gravity and 211 does the trick, dont get me
Wrong i love me some stout, shiner, st pauli dark,etc
But yo yo yo !! Dog i b a product of my environment
Da malt is da bomb!!!! As billy d williams once said
8 bulls cant beat 6 .45s(lol) i took it to heart
The guns as well as the beer(bwhaaaaaaaaaa)
Peace ouuuuuuuut

 

[Dcav]

As you can see Sterling found him some beerz