INDIANAPOLIS – Indiana
convenience stores really want to sell cold beer. This week, the Indiana
Petroleum Marketers and Convenience Store Association (IPCA) and three of its
members have filed a lawsuit against the State of Indiana in U.S. District
Court in order to do so, Kokomo Perspective reports.
Currently, a law requires
drug stores, supermarkets and convenience stores to only stock warm beer, while
other retailers can offer a cold brewski to customers. The suit by Freedom
Express, Ricker’s and Thorntons, along with the association, says the law is in
violation of the U.S. Constitution’s equal protection clause. In other words,
they claim the law favors one retailer class over another.
“This lawsuit is about
fairness, convenience, and promoting competition for the sale of cold beer in a
rational and responsible way so that my members can serve their customers,”
said Scot Imus, IPCA executive director. “We are confident that the court will
agree with us that it is not the job of government to pick winners and losers
in the marketplace.”
Indiana is the only state
that has regulations about beer temperature in relation to sales. Wine products
are not covered under the law, only beer. “Some common sense needs to be
applied to Indiana’s alcohol laws, so that Hoosier business owners like myself
may provide products, including beer, without ridiculous temperature
restrictions to their customers,” said Gregory Cobb, managing member of Freedom
Express.
“There is no logic with
the current law that gives one class of retailer an exclusive right to sell
cold beer,” said Imus. “Indiana’s alcohol laws have not always favored one
retailer over another and in fact, it was just in the last 50 years that liquor
stores were granted the privilege of selling cold beer.”