Center for Alcohol Policy Applauds 4th Circuit Decision Upholding North Carolina Alcohol Law

The Center Submitted Amicus Brief Urging Support for North Carolina

Statement of Center for Alcohol Policy Executive Director Kelly Roberson on the decision by the Fourth Circuit Court of Appeals affirming the district court decision on the B-21 v. Bauer case:

“The Center for Alcohol Policy applauds the Fourth Circuit for upholding North Carolina’s requirement that all alcohol sold by retailers go through its three-tier system. As the amicus brief filed jointly by the Center for Alcohol Policy and the North Carolina Association of ABC Boards noted, the historical reasons for strong state-based alcohol regulation are grounded in public health, constitutional and competitive concerns.

“We are pleased that the court recognized points from our amicus brief and quoted from Toward Liquor Control to highlight the concerns of vertical integration. As the court properly noted, ‘Put most simply, applying the same stringent test to an alcoholic beverage control regime would undermine Section 2 of the Twenty-first Amendment.‘ The court was correct to reject the plaintiffs’ attempts to micromanage state alcohol laws and make it nearly impossible for states to defend their laws with the court.”

The Center for Alcohol Policy looks forward to continuing to be a resource and to educate policymakers, the courts and the public about alcohol and its effective regulatory structure.

6/2/2022