Court finds Texas beer rule violates First Amendment

[one...two...tree 2,762]

Texas brewers can finally call a beer a beer.

They can call an ale an ale.

They can also tell folks where to find their beers and their ales, as well as their malt liquors.

Ruling in favor of plaintiffs who asserted that some Texas Alcoholic Beverage Commission rules were unconstitutional, U.S. District Judge Sam Sparks said the state was effectively forcing brewers to lie about their products.

The commission said it won't appeal the ruling.

The plaintiffs, Authentic Beverages, Jester King Craft Brewery and Zax Restaurant & Bar, argued in an Austin courtroom that the word beer encompasses all malt beverages, while ale means a style of beer that is made with a certain kind of yeast through warm fermentation.

However, commission rules demanded that any malt beverage with less than 4 percent alcohol by weight be called beer. Anything containing more than 4 percent alcohol must be called an ale or malt liquor.

The judge said Texas can't force an industry to mislabel a product just to satisfy the state's conception of that product.

"For instance, Texas would likely face no (legal) obstacle if it wished to pass a law defining the word 'milk' to mean 'a nocturnal flying mammal that eats insects and employs echolocation.'" Sparks wrote. "Under TABC's logic, Texas would then be authorized not only to prohibit use of the word 'milk' by producers of a certain liquid dairy product, but also to require Austin promoters to advertise the famous annual 'Milk Festival' on the Congress Avenue bridge. Regardless of one's feelings about milk or bats, this result is inconsistent with the guarantees of the First Amendment."

Rachel Fisher, a legal assistant with James O. Houchins, the Austin law firm that represented the plaintiffs, said the ruling affects "all consumers who want to be accurately informed on what they're purchasing."

Owner Ron Extract used a Jester King product named Le Petit Prince as an example.

"It's a low-alcohol beer that's top-fermenting, so it's technically an ale," he said. "It's 2.8 percent by volume, or 2.2 percent by weight. Under the previous law, we couldn't use the term ale for that product. Now we have the option of using the word ale, which we probably will."

But Extract said the most important thing about the ruling isn't about beer.

"It's about free and open communications," he said. "It gives consumers access to information they have the right to have."

http://www.mcclatchydc.com/2011/12/22/v-print/133853/court-finds-texas-beer-rule-violates.html

[I AM NOT THAT GUY 5,715]

Will they start calling Coors Colorado Kool-Aid?

Will they start calling German Beers #######?

[Bad_Daddy 2,209]

Texas is a basket case. I read some of the laws that state has on the books, and it's like reading some kind of novel that's a cross between Victorian times and a Sci-Fi.

[Obama 2012 1,714]

Texas is a basket case. I read some of the laws that state has on the books, and it's like reading some kind of novel that's a cross between Victorian times and a Sci-Fi.

though ruled unconstitutional, we still have sodomy laws on the books. I figured you would support something like that...

[Mr. Big Dog 10,747]

Will they start calling German Beers #######?

Well, we do have some ####### beers in Germany. There, it's the exception that a beer is #######. Most German beers are great. Here, it's the opposite. Few beers are great and most are ####### - not even deserving to be called a beer. Let me go and grab me a Dortmunder. That's a beer. A real beer. You should try a real beer sometime.

[Bad_Daddy 2,209]

though ruled unconstitutional, we still have sodomy laws on the books. I figured you would support something like that...

I don't have a problem with it as long there's at least one woman involved and I'm not on the receiving end...if you catch m drift.

Edited December 23, 2011 by Why_Me

[luckytxn 2,264]

Well, we do have some ####### beers in Germany. There, it's the exception that a beer is #######. Most German beers are great. Here, it's the opposite. Few beers are great and most are ####### - not even deserving to be called a beer. Let me go and grab me a Dortmunder. That's a beer. A real beer. You should try a real beer sometime.

Definitely great beers in Germany.

[one...two...tree 2,762]

Well, we do have some ####### beers in Germany. There, it's the exception that a beer is #######. Most German beers are great. Here, it's the opposite. Few beers are great and most are ####### - not even deserving to be called a beer. Let me go and grab me a Dortmunder. That's a beer. A real beer. You should try a real beer sometime.

We were at a Christmas Party a couple of weekends ago and they were serving Miller Lite in one of those draft boxes. I swear, it takes like flavored water. I never understood why a lot American beer drinkers are hooked on light beer. It's the nastiest tasting sh!t out there. On the positive side, micro breweries are here to stay and there are a lot of really good home-brewed beers now in the states.

[Obama 2012 1,714]

We were at a Christmas Party a couple of weekends ago and they were serving Miller Lite in one of those draft boxes. I swear, it takes like flavored water. I never understood why a lot American beer drinkers are hooked on light beer. It's the nastiest tasting sh!t out there. On the positive side, micro breweries are here to stay and there are a lot of really good home-brewed beers now in the states.

There is hope in American beer: http://www.summitbrewing.com/

I've supported them 100% for the past 5 or 6 years from when I was living up in Minnesota and discovered them.

There are great beers out there that are American made, just have to be willing to look!

[Mr. Big Dog 10,747]

There is hope in American beer: http://www.summitbrewing.com/

Free tours. Free beer.

We’d love to show you around the brewery, share our labor of love – and a sample of its rewards. Reservations required. Click below and let’s make it happen.

{Reserve a tour}

Tempting...

[Obama 2012 1,714]

Tempting...

lol, yeah. I've done their tour before. It's just showing you how they make beer (if you seen one brewery you've seen them all) but the FREE BEER is definitely worth it!

[one...two...tree 2,762]

These micro-breweries are thriving because the brewers for the most part enjoy making good beer and aren't thinking of how to take more of the market share by expanding their distribution.

Much of the same thing is happening with small restaurants around the country - foodies who do it as a labor of love rather than hoping to cash in and turn their restaurant into a large chain.

They are the surviving Mom & Pop's in an era of corporate domination.

[luckytxn 2,264]

We were at a Christmas Party a couple of weekends ago and they were serving Miller Lite in one of those draft boxes. I swear, it takes like flavored water. I never understood why a lot American beer drinkers are hooked on light beer. It's the nastiest tasting sh!t out there. On the positive side, micro breweries are here to stay and there are a lot of really good home-brewed beers now in the states.

I deliver beer often and mostly Budweiser. Most of the Bud I deliver is Bud Lite. I tried it once and it was nasty and can't understand why anyone would drink it but it has to be popular because it is the major beer sold. I also tried Miller Lite once and it was worse. I would rather not drink beer at all if that was all offered.

[I AM NOT THAT GUY 5,715]

I deliver beer often and mostly Budweiser. Most of the Bud I deliver is Bud Lite. I tried it once and it was nasty and can't understand why anyone would drink it but it has to be popular because it is the major beer sold. I also tried Miller Lite once and it was worse. I would rather not drink beer at all if that was all offered.

It only tastes bad the first twelve ounces or so, and then, only if you let it get warm. It depends what you want out of a beer. You have to drink it cold enough to freeze the taste buds, unless you are one of those snooty folks that actually like the taste of hops.