Oklahoma: Judge tosses Oklahoma liquor stores’ challenge to wine in grocery stores

Source: News OK

Brianna Bailey

August 24, 2017

A federal judge has dismissed liquor stores owners’ legal challenge to a new law that will allow Oklahoma grocery stores to sell wine in 2018.

The Retail Liquor Association of Oklahoma, a trade group representing liquor store owners, filed the lawsuit challenging the new law in December.

Oklahoma voters in November approved State Question 792, which will allow grocery stores and convenience stores to sell wine and cold, full-strength beer beginning in October 2018. The measure passed with 65 percent of the vote.

U.S. District Court Judge Robin Cauthron on Thursday rejected the liquor store owners’ protestations over SQ 792.

The liquor store owners had argued 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 will allow 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.

Cauthron ruled that the state can legally regulate liquor differently than wine and beer. The judge noted in her 13-page ruling that 23 states regulate wine and beer differently from spirits.

“As a matter of general knowledge, wine and beer are materially different products from spirits due to their social uses and alcohol content,” Cauthron ruled.

Sen. Stephanie Bice, R-Oklahoma City, one of the leading proponents of alcohol law reform in Oklahoma, said she was pleased with the court decision.

“I’m looking forward to implementation of the changes with the passage of SQ 792 by Oklahoma voters,” Bice said.

A representative for the Retail Liquor Association of Oklahoma could not immediately be reached for comment.