A federal court has ruled that Texas laws on who can (and can't) get liquor store licenses violates the Commerce Clause and the 14th Amendment guarantee of equal protection. Could this be a precedent to allow Tesla direct sales? Let's hope the auto dealer cartel is the next to be overturned.
Judge's ruling would let Texas consumers buy booze from Walmart and Costco
Some excerpts:
"A protectionist Texas law that has kept Walmart, Costco and other giant retailers from selling hard liquor was found unconstitutional by a federal judge this week, prompting cheers from free-market advocates — and vows of a quick appeal from one of the parties on the losing side...
..The fight over the arcane Texas liquor laws began three years ago when Walmart sued the Texas Alcoholic Beverage Commission in federal court in Austin, arguing state liquor laws unfairly gave family-owned chains the right to obtain unlimited liquor store permits while shutting the largest U.S. retailer out of the lucrative market entirely.
In a sweeping 50-page opinion, Pitman sided with Walmart, ruling that provisions of the Texas Alcoholic Beverage Code violated both the Commerce Clause and the 14th Amendment guarantee of equal protection under the law.
“Texas is the only state in the nation that issues package store permits to privately owned corporations, but refuses to let publicly owned corporations participate in the retail liquor market,” said Walmart spokeswoman Anne Hatfield. “Walmart filed suit because these laws are unfair and hurt our customers. We are grateful for Judge Pitman’s thoughtful opinion, finding that these laws violate the U.S. Constitution.”
Judge's ruling would let Texas consumers buy booze from Walmart and Costco
Some excerpts:
"A protectionist Texas law that has kept Walmart, Costco and other giant retailers from selling hard liquor was found unconstitutional by a federal judge this week, prompting cheers from free-market advocates — and vows of a quick appeal from one of the parties on the losing side...
..The fight over the arcane Texas liquor laws began three years ago when Walmart sued the Texas Alcoholic Beverage Commission in federal court in Austin, arguing state liquor laws unfairly gave family-owned chains the right to obtain unlimited liquor store permits while shutting the largest U.S. retailer out of the lucrative market entirely.
In a sweeping 50-page opinion, Pitman sided with Walmart, ruling that provisions of the Texas Alcoholic Beverage Code violated both the Commerce Clause and the 14th Amendment guarantee of equal protection under the law.
“Texas is the only state in the nation that issues package store permits to privately owned corporations, but refuses to let publicly owned corporations participate in the retail liquor market,” said Walmart spokeswoman Anne Hatfield. “Walmart filed suit because these laws are unfair and hurt our customers. We are grateful for Judge Pitman’s thoughtful opinion, finding that these laws violate the U.S. Constitution.”