From Flying Dog:
FREDERICK, MD – Good Beer, No Censorship prevails.
The United States Court of Appeals ruled yesterday that the Michigan Liquor Control
Commissioners can be held accountable for violating Flying Dog Brewery’s First
Amendment rights related to the 2009 ban of the sale of Raging Bitch Belgian-Style IPA
in the state.
“This ruling is invigorating,” Jim Caruso, Flying Dog CEO, said. “It’s taken a few years, but
now appointed bureaucrats are accountable for imposing their personal agendas and
prejudices on the public, and for committing the crime of violating Flying Dog’s right to
Freedom of Speech. This is refreshing, and I hope this Federal Court ruling benefits
breweries, wineries and distilleries in other states, as well.”
The Supreme Court had long established that the power to regulate alcohol does not
authorize the violation of free speech rights. Yesterday’s landmark ruling confirms again
that officials who nonetheless violate First Amendment rights are not immune from
liability.
Caruso added: “This huge victory would not have been possible without attorney Alan
Gura and the support of Alan Gottlieb and the Center for the Defense of Free
Enterprise.”
The Commission originally deemed the Raging Bitch label “detrimental to the health,
safety or welfare of the general public” and prohibited the beer from being sold in
Michigan. Flying Dog found that to be an appalling attempt at state censorship, as well
as a clear violation of its First Amendment rights.
“Let this be another lesson to the politically-correct crowd. There’s no free ride for
violating Americans’ free speech rights,” Flying Dog Attorney Alan Gura, of Washington,
DC-based Gura & Possessky, PLLC, said. “In 21st Century America, officials cannot ban
words, artwork and poetry they dislike. Illegal censorship causes real harm, and
Michigan’s liquor commissioners will now be made to pay real money for the damage
they’ve done.”
The ruling will allow Flying Dog to recover damages from the loss of sales during the
ban, which Caruso plans to use to establish a Freedom of Speech society in the
brewery’s hometown of Frederick, Md.
A full timeline of the almost six-year brouhaha is as follows:
September 2009: Flying Dog requested approval to register Raging Bitch in the
state
November 2009: That request was denied by the Michigan Liquor Control
Commission
April 2010: Flying Dog appealed the decision a hearing in front of the
Commission
July 2010: Commissioners denied Flying Dog’s appeal
March 2011: Flying Dog filed suit in U.S. District Court against the Commission
and each of its individual Commissioners
April 2011: Flying Dog filed a preliminary injunction requesting that Raging Bitch
be sold in Michigan while the case is pending
June 2011: With the Federal case pending, the Commission reversed its ban on
Raging Bitch, allowing it to be sold in the state
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