Group appeals decision on cold beer sales

INDIANAPOLIS (WISH) — The battle over cold beer sales in Indianapolis continues, with a group announcing Tuesday it is appealing to a federal court.

A federal judge last month shot down an effort to overturn a state law regulating cold beer sales. As the law stands, only liquor stores can sell cold beer.

The Indiana Petroleum Marketers and Convenience Store Association, or IPCA, has appealed to the U.S. Court of Appeals in the Seventh Circuit. IPCA officials say the current law “lacks common sense” and wants other businesses to have a piece of the market.

IPCA is also filing a new lawsuit in state court.

The group claims liquor stores have one of the worst compliance records, saying there have been nearly 1,900 violations in the past 10 year. During that same period, statistics show convenience, grocery and pharmacy stores received less than 950 violations.

In response to the appeal, the Indiana Association of Beverage Retailers released the following statement:

We are not surprised by the notice to appeal. The plaintiffs have spent a considerable sum of money to bring this challenge and pursue litigation against the state of Indiana. No doubt they will spend a considerably larger sum to pursue any appeals after a definitive ruling by Judge Young. These plaintiffs are large corporate interests with deep pockets and have much to gain in overturning Indiana law – even as they admitted in their own testimony calling their gas stations and convenience stores that sell alcohol “profit centers.”

As per compliance data, we continue to note what Judge Young stated in his ruling.

The judge noted that comparing compliance statistics as plaintiffs have attempted to do was “problematic,” “irrelevant” and “misplaced.”

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