Oklahoma: Oklahoma liquor stores sue over wine in grocery store law
Source: The Oklahoman
Brianna Bailey
December 19, 2016
Oklahoma liquor store owners have filed a court challenge to State Question 792, the ballot measure that will legalize wine sales in grocery stores in 2018.
The Retail Liquor Association of Oklahoma and Joseph P. Richard, who owns Cache Road Discount Liquor and Wine in Lawton, filed the lawsuit against the Oklahoma Alcoholic Beverage Laws Enforcement Commission on Monday in Oklahoma County District Court.
Richard and the liquor store owners group are seeking a court order to stop the Oklahoma ABLE Commission from implementing the many changes to state alcohol laws that are part of SQ 792.
The liquor store owners argue in the lawsuit that SQ 792 is unconstitutional under the Fourteenth Amendment of the U.S. Constitution, which guarantees equal protection for all under the law.
While SQ 792 allows grocery and convenience stores to operate an unlimited number of locations that can sell wine and beer, the measure limits liquor stores to just two locations, said Bryan Kerr, president of the Retail Liquor Association of Oklahoma.
“We don’t believe the state can show a compelling interest in regulating grocery and convenience stores differently than it does liquor stores,” Kerr said.
Oklahoma voters approved SQ 792 in November, clearing the way for grocery and convenience stores to begin selling wine and refrigerated, full-strength beer for the first time beginning in October 2018.
The Retail Liquor Association of Oklahoma opposed SQ 792, claiming it would render many package stores unable to compete with large grocery store chains, forcing many small businesses in the state to close their doors.
The Yes on 792 campaign, which promoted the ballot measure, said in a statement that it believed the measure would withstand any legal challenge. The Yes on 792 campaign is a coalition of businesses but its largest backer is Wal-Mart Stores Inc.
“Oklahoma consumers made their wishes known at the voting booth with their overwhelming support of modern beer and wine laws. In a last-ditch effort, RLAO has countered with a lawsuit, which we believe is meritless. If a business chooses to sell spirits, they must abide by different rules. SQ 792 is a commonsense law that will stand up to scrutiny,” the Yes on 792 campaign said.