Tom Lee

Christmas Eve: State Files Reply in Support of its Motion to Dismiss Growler Suit

It’s Christmas Eve, so the State filed its reply in support of its motion to dismiss the growler lawsuit. The State generally built some straw men and knocked them down with ease.

Defendants began by arguing simply that the statutory purpose of avoiding excessive consumption cannot be refuted by plaintiff. Defendants state that “here is certainly no question that the intent of precluding the sale of beer in containers between 32 ounces and 1 gallon was to decrease the likelihood of excessive drinking and to encourage alcoholic beverage vendors to be prudent in their serving practices.” There is certainly question. Without such question, Florida wouldn’t be mocked for having this law on the books and for continuously defending the restriction while reality and the rest of the country prove that more containers sizes do not lead to excessive drinking. Defendants probably wouldn’t have been sued if there […]

By |December 24th, 2014|Blog|0 Comments

How Much Beer is Too Much? Florida Law says 64 Ounces is Too Much. 128 Ounces is Not?

craft-beer-week-new-york-city-photo-ccWhile small breweries around the country were providing consumers with new tastes and quality beer, Florida lagged behind.  Just as Florida lagged behind in the craft brew craze, Florida’s laws lag behind the rest of the country as Florida’s craft beer industry is burgeoning.  Specifically, Florida’s craft breweries can fill its consumers’ 32 ounce (1 quart) and 128 ounce (1 gallon) growlers ((A growler is a refillable container or jug into which tap beer is poured for home consumption.)), but any sizes in between are illegal.  That includes, of course, the 64 ounce growler, which also happens to be the industry’s standard size. ((The 64 ounce growler is also illegal in Utah.))

During Florida’s recently completed legislative session, a bill was introduced that would have legalized the 64 ounce growler.  The bill died in the Business & Professional Regulation Subcommittee.  Why?  (Lobbyists/Special Interests). […]

By |July 10th, 2013|Blog|Comments Off on How Much Beer is Too Much? Florida Law says 64 Ounces is Too Much. 128 Ounces is Not?