Florida growler bar suing FL over 64-oz growler ban

[betarhoalphadelta]

Interesting. Claims it violates the 14th Amendment and won't pass rational basis review if taken up by the Supreme Court. I disagree, for several reasons... Would love to get some thoughts on it:

http://www.thelibertypapers.org/2014/10/28/can-florida-ban-beer-growlers/

 

[day_trippr]

Oh, Floreeda. That bastion of civil liberty, jurisprudence - and highly skilled election workers

I'd need to read the actual law as written to have an informed opinion.
What was the stated purpose and benefit of the law as passed?

The "gotta finish it up" speculation seems rational, but is that really enough to pass a law?

Cheers!

 

[betarhoalphadelta]

Oh, Floreeda. That bastion of civil liberty, jurisprudence - and highly skilled election workers

I'd need to read the actual law as written to have an informed opinion.
What was the stated purpose and benefit of the law as passed?

The "gotta finish it up" speculation seems rational, but is that really enough to pass a law?

Cheers!

The law was passed long ago. Most likely the cause was to make sure nobody was buying 40s of malt liquor, but hey, that's just speculation on my part.

The lawsuit, and the law as written, is available here.

It doesn't give much history on why the law was passed, but it seems to me that the goal was to restrict package sizes lest people get too messed up. The 128+ oz exemption was to make sure they didn't impact bulk packaging like kegs, at least that appears to be the intent based on the text.

 

[day_trippr]

Thanks for the link.

The preponderance of the text of the law centers on taxation and asserting the State's authority over beer sold or intended for sale within its boundaries. There is absolutely zero expression of "public safety" or "well being" anywhere in the bill.

Wrt package size, here's the one applicable paragraph:

"(6) All malt beverages packaged in individual containers sold or offered for sale by vendors at retail in this state shall be in individual containers containing no more than 32 ounces of such malt beverages; provided, however, that nothing contained in this section shall affect malt beverages packaged in bulk or in kegs or in barrels or in any individual container containing I gallon or more of such malt beverage regardless of individual container type."

So, sale and possession of 1 gallon growlers would be totally legal.

As a test, that pretty much bags any "public safety" or "general well being" explicitly ex post facto interests that the State Attorney General might try to pile on in a Federal court. They clearly weren't there to begin with.

So what's left? Is there a practical concern than someone's actually going to break down a growler for resale? (yeah, that's rhetorical )

Cheers!

 

[D-Train]

Awhile back I went to Florida and arrived late in the evening. On my way to the place we rented I stopped at a gas station and picked up a twelve pack of something. I asked if it was full strength and he says what do you think we'd water it down. I said actually yes, I just got off the plane from Minnesota and there gas stations can only sell 3.2% abv beer. Funny to see that there is a beer law on the books where Florida is more restrictive than Minnesota.