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Equal Protection Clause

By: Derek Hawkins//July 6, 2017//

Equal Protection Clause

By: Derek Hawkins//July 6, 2017//

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7th Circuit Court of Appeals

Case Name: Monarach Beverage Co., v. David Cook, et al.,

Case No.: 15-3440

Officials: FLAUM, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Equal Protection Clause

We are again asked to decide whether an aspect of Indiana’s alcohol regulation system violates the Equal Protection Clause. Two years ago we upheld an Indiana law that prohibits grocery and convenience stores from selling chilled beer. See Indiana Petroleum Marketers & Convenience Store Ass’n v. Cook, 808 F.3d 318 (7th Cir. 2015). In this case Monarch Beverage Company challenges a feature of Indiana’s “prohibited interest” law that separates beer and liquor wholesaling by prohibiting beer wholesalers from holding an interest in a liquor-distribution permit. See IND. CODE §§ 7.1-3-3-19, 7.1-5-9-3, 7.1-5-9-6. Monarch contends that this component of the prohibited-interest law lacks a rational basis. A district judge rejected this argument and upheld the law. We affirm that judgment. Indiana’s policy of separating beer and liquor wholesaling survives review for rationality.

Affirm

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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