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Two Texas brewers sue the state to sell six-packs onsite

September 21, 2015Chris Crowell

Regulations for craft breweries vary all across the United States, especially when it comes to on-premise sales and distribution. Texas, for example, has been changing some of its rules to improve the situation for craft breweries in recent years, but the state is still behind the times in many ways. Well, two craft breweries have decided enough is enough and are suing the state in order to bring about some change.

The regulation that has Grapevine Craft Brewery and Deep Ellum Brewery most upset is the prohibition of on-site selling for off-premise consumption. And they should be upset. Wineries, distilleries and brewpubs can all do this in Texas, but microbreweries, for unknown reasons (or at least illogical ones) cannot. Think of all the sales slipping through their fingers as customers come in, try some beers, enjoy them … and then must leave the brewery, drive to a few stores to find a six-pack, instead of going home with some right then.

From WFAA ABC 8:

“Day one, that would be a 50 percent increase in our business. Day one,” Humble said.

In his suit, Deep Ellum’s owner John Reardon said, unlike winemakers and distillers in Texas, only breweries are prohibited from selling their own product to customers. The state law, he said, violates their constitutional rights.

Last session, in Austin, some North Texas brewers tried to kill that law and failed.

The federal suit, according to the brewers, is based on The Equal Protection Clause of the Constitution, which requires that government treat similarly situated persons the same, or precludes it from treating one set of persons differently than others who are similarly situated. Basically, how can the state exclude microbreweries from the same rights it affords similar businesses?

So, why a lawsuit versus petitions and legislative rallies? Well, the Texas Guild has tried this for years, but the powerful beer distributor lobby keeps talking to state legislators and killing the bills, which the folks at Grapevine and Deep Ellum find to be an unbalanced, unfair system that is affecting their business. So, to the courts we go. For readers interested in rallying for the cause, check out the Indiegogo campaign the brewers have set up to help fund their efforts.

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  1. Robert Evans says

    September 23, 2015 at 5:51 pm

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    September 22, 2015 at 5:51 pm

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    September 22, 2015 at 5:51 pm

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  4. FetchingLab says

    September 22, 2015 at 9:35 am

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  5. techjourneyman says

    September 22, 2015 at 6:52 am

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  6. Doug Green says

    September 22, 2015 at 5:37 am

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  7. 2guyslovefood says

    September 21, 2015 at 10:04 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  8. realgerm75 says

    September 21, 2015 at 9:49 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  9. RedArmyHooligan says

    September 21, 2015 at 9:37 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  10. Jim Danger Fisher says

    September 21, 2015 at 9:36 pm

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  11. WhatsOnTapTexas says

    September 21, 2015 at 9:23 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  12. dnthmn48 says

    September 21, 2015 at 9:22 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  13. TexasBrewAndBBQ says

    September 21, 2015 at 9:16 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  14. ThatDallasGuy says

    September 21, 2015 at 9:15 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  15. deepellumbrewco says

    September 21, 2015 at 9:14 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  16. Marilee Rutherford says

    September 21, 2015 at 5:22 pm

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    September 21, 2015 at 5:22 pm

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    September 21, 2015 at 5:22 pm

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  19. Biddy Garcia says

    September 21, 2015 at 5:22 pm

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  20. Joe Mains says

    September 21, 2015 at 3:41 pm

    This Arkansas brewer supports these guys! Give ’em Hell!

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  21. crsimp01 says

    September 21, 2015 at 2:54 pm

    Two Texas brewers sue the state to sell six-packs onsite http://t.co/31M2to6xqU via @craftbrewingbiz

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  22. LVRGLLC says

    September 21, 2015 at 2:17 pm

    #CraftBeer #CraftBrewing #Beer #BeerBiz Two Texas brewers sue the state to sell six-packs onsite http://t.co/CTXB98aOAY

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    September 21, 2015 at 2:06 pm

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  26. TheBreweryBook says

    September 21, 2015 at 1:29 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  27. moresv1 says

    September 21, 2015 at 1:27 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  28. JustCristobal says

    September 21, 2015 at 1:09 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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    September 21, 2015 at 12:36 pm

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  34. idrinktexas says

    September 21, 2015 at 12:24 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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  35. grapevineontap says

    September 21, 2015 at 12:21 pm

    @CraftBrewingBiz @deepellumbrewco great article. Appreciate the support!

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  36. grapevineontap says

    September 21, 2015 at 12:21 pm

    RT @CraftBrewingBiz: Two Texas brewers sue the state to sell six-packs onsite. http://t.co/KjsZupQvxa @grapevineontap @deepellumbrewco

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Trackbacks

  1. This Week In Craft Beer News: Texas Lawsuit, Eden North Carolina, 8 Degrees Plato, Budapest, Founders | Scrumptious Chef says:
    September 21, 2015 at 1:26 pm

    […] brewers Deep Ellum Brewery and Grapevine Craft Brewery have filed a federal lawsuit in hopes of being legally allowed to fill growlers and sell six packs to […]

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