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DrVertebrae

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In Texas and many, if not all, states it is illegal for Brewpubs to sell their beers off site and it is illegal for microbreweries to serve and sell their beers on site. There is a website where you can petition the white house to act on something which concerns you. As a beer enthusiast and seeing how the big brewers of the watery stuff they brew are a stong lobby against the Brewpubs and the Microbrewers, I posted a petition for this to come to an end.

As with all petitions it needs 20,000 signatures to be recognized and acknowledged by the white house. Until it has 150 signatures it can't even be publically viewed so to see it and sign it if you support it, you'll have to use one of the following links. You'll have to set up an account before you can sign it.

This is not spam. It is a genuine web site. You can look at it by googling White House Petitions.

The links to see and sign my petition are:

http://wh.gov/PXMY

https://petitions.whitehouse.gov/pe...rs-sell-and-serve-their-beers-onsite/l5m0ZfKY

My fellow Americans, thank you for your support.
 
I'll sign it as a fellow lover of craft beers but something like this is better handled on the state level because of how alcohol legislation is handled, it used to be the same in NJ til a bill just passed this past year. But you're better off trying to work with your brewers to petition local legislatures. There's tons of facts about job creation and the sort you can push as well.
 
Would any Federal legislation take away a States rights on an issue like this?

Prohibition ended and yet States still have the right to regulate alcohol.

Just wondering.

bosco
 
I hear you. The Texas legislature just reconvened (once every two years here). Last time they were ready to sign legislation to what my petition is asking but at the last minute it was shut down by the big lobbies. The white house could possibly exert some local influence on the state legislators. Who knows. My daughter pointed out the petiition site to me and I thought why not, no body else has done it.

Anyway, thanks for signing. Its a small thing.
 
Would any Federal legislation take away a States rights on an issue like this?

Prohibition ended and yet States still have the right to regulate alcohol.

Just wondering.

bosco

Most likely yes, as I understand the Supremacy clause a federal bill has power over a state bill. Which was why the slave states fought so hard for things like the Missouri Compromise.
 
The reason that this would not work very well is that the 21st amendment that ended prohibition allows the states to regulate alcohol.
 
The reason that this would not work very well is that the 21st amendment that ended prohibition allows the states to regulate alcohol.

False otherwise states could serve people under 21 if they chose to. Pass a law and if a state doesn't follow it cut their funding.
 
Section 2. of the 21st Amendment; "The transportation or importation into any State, Territory, or possession of the United States for delivery or use there in of intoxicating liquors, in violation of the laws thereof, is hereby prohibited."

There have been a few major court decisions concerning States and their obligations under the 21st Amendment. All have agreed that although Prohibition is over, each State has the right to control importation, manufacture, sale and consumption of alcohol on an individual basis..

IANAL but if one is out there maybe this could be cleared up.:confused:

bosco
 
Because that's how the federal statute is written, in South Dakota vs. Dole they sided that the federal government was fine with cutting funding because the 21st Amendment they ruled.

"Even if Congress, in view of the Twenty-first Amendment, might lack the power to impose directly a national minimum drinking age (a question not decided here), 158's indirect encouragement of state action to obtain uniformity in the States' drinking ages is a valid use of the spending power"

So as I said if they passed a law and cut funding to states who didn't oblige (think National Speed Limit
 
States can let people under 21 drink they just loose all highway funds. It is blackmail not supremacy of federal law. That said the result is the same.
 
Check out openthetaps.org they have been trying to get that law changes I encourage every Texan to visit that site and sign up.
 
Right. Supremacy Clause only applies when federal and state laws directly conflict in an area the federal government can legislate. But under the interstate commerce clause, the federal government could arguably pass the law the OP is attempting to draw attention to. Not that I think they would. This is traditionally a state issue, and I'm not sure there is enough of a national constituency to make it happen federally. IMO, if change is to occur, it's state by state.
 
There's a brewpub here in San Antonio called Freetail and the founder is petitioning the Texas legislature right now I believe. He's been involved in trying to get legislation passed here in Texas and he just posted a picture of the inside of the Texas capitol building. I'm not sure of how it went last time the legislation was being voted on, but maybe now is a good time to write letters or petition on a state level.

Anywho, as a fellow Texan, I appreciate you creating this petition and making an effort to get these outdated laws changed and I will be signing your petition.
Cheers brother!
 
Thanks for the signatures guys. Forward this to anyone else you might know. The face of beer in America is getting better and better. I'm going to a new brewpub in Dallas this weekend for a try. If all goes well with the Texas legislature this year then possibly I will be able to go into some of the local microbreweries and grab a case or keg of some of my favorites.
 
See the recent laws passed in Alabama allowing this. They were modeled and lobbied based on similar laws in other states. Check out the organization "Free the Hops" to get some good arguments in favor of changing the law. In state grass roots support is the best way to exert pressure on the legislature.
 
False otherwise states could serve people under 21 if they chose to. Pass a law and if a state doesn't follow it cut their funding.

They can if they want to, they just choose not to, because the federal goverment witholds the funds needed to maintain the interstates. There is no national drinking age by law.
 
They can if they want to, they just choose not to, because the federal goverment witholds the funds needed to maintain the interstates. There is no national drinking age by law.

Yes but they don't and it's been backed by the SC to do that. A federal law on brewing could be the same.
 
It's these stupid laws that have created 30bbl distribution only breweries like Thirsty Planet with only 2 60bbl fermentors. They can only release a very select few beers a year. It was quite an eye opening experience for me since I live in Colorado where you can serve on site and distribute from the same location.

I spoke with a gentleman(I believe he was the owner) at the Whip-In in Austin this summer. He felt that the distributors in Texas were like the mafia. He didn't seem very hopeful that the distribution/sell on sight laws would change because the distributors have too much power and too much to lose.

Oh, I signed it as well. You're up to 9.
 
Getting Obama to say anything to Texas Legislaters is a waste since Texas is a Norquist governed state. They would vote no to anything coming from a Democrat President no matter what. Just ask Perry.

Oh and by the way I will sign your petition anyways just reminding you where you and I live.
 
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