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 […]