Friday, November 4, 2011

The Case Law is Stupid, and the Pennsylvania Legislature is Too Scared to Admit It

  1. The Case Law is Stupid. Do I really need to tell you why? Okay, here: have a look. But that's okay, because...
  2. The Case Law is Easy to Get Rid Of. Truly. Just strike the first sentence of Section 441, Paragraph b; and strike the entirety of Paragraph f (which is a complete abomination, and never should have been added). Next, you also drop the parts that say a tavern can only sell 198 oz. of beer or less at a time, and you're Done. It's not that hard to figure it out; all it takes is balls. Because the Pennsylvania Tavern Association is about the only group opposed to changing the case law; they say it would devalue their businesses (because they can sell sixpacks). Their lobbying group has been extremely successful at stopping what polls have shown over 80% of Pennsylvania voting citizens are in favor of: dumping the case law. Which proves that...
  3. The Pennsylvania Legislature is too scared to change the stupid Case Law. Ask any legislator why we have the case law. They won't know. Ask them why they can't change it. They won't answer you. 
Every time a legislator tries to change the case law -- and the first time I remember this happening was back in 1992! -- there's a lot of talk, a lot of excitement, and then two things happen. First, there's a ridiculously unnecessary "compromise," like saying distributors can sell six-packs, but not singles, or -- really useless -- they can sell 12-packs. Why?! There is no need for any restriction! But that doesn't really matter, because the second thing that happens is that the bill never, ever makes it out of committee. It dies. And we're still screwed.

Well, look. They're talking about privatization of the moldy old State Store System. One of the things that is completely wrong with the current proposal, that is a dealbreaker on Mike Turzai's HB11 bill, is that it ignores beer. Why? The division of beer from wine and spirits was never a natural thing to begin with. Look at other states: they have booze stores where you can buy all three of your faves (and cider, too). Beer is a missing piece of the puzzle.

Beat up your legislator on this. Tell them you want normal, rational, adult alcohol laws in the Commonwealth. Get the government out of the booze business, and kill the stupid Case Law by putting booze in stores with wine and liquor...where it belongs. Make it easy for beer distributors to get licenses to sell wine and liquor, hell, convert their licenses to 'all-alcohol' retail licenses. They've earned it.

Then tell your legislator that if they don't kill the case law, they're too cowardly to get your vote next November. This is our year. This is the year it happens. KILL THE STUPID CASE LAW!

9 comments:

Nathan said...

Word on the street is that HB11 will soon be amended to affect beer sales in some fashion. That's all I got for now.

Anonymous said...

Yes that is true, they are waiting to see what happens with the state stores. But keep fighting do not give up keep talking to your reps and I will do my part. Change is a must, it is 2011 not 1933.

Rich said...

The case law is my biggest pet peeve because I'm a big beer drinker. It is fairly cost prohibitive to try new beers as well because the "taverns" hold a monopoly on single sales and drive the prices way up, plus I'm not buying a case of something just to try it then not like it. In MD there are stores where you can walk in, open a case and pull a single out and buy it. It's rediculous and it needs to go.

Not holding my breath said...

I assume beer wholesalers are doing well in PA, after reading this crap:
"Pa. Beer Alliance works toward ease and consumer safety"
http://www.pennlive.com/editorials/index.ssf/2011/11/pa_beer_alliance_works_toward.html

Remember several years ago when sales were down, and the "Alliance" (then known as the Pennsylvania Beer Wholesalers Association, but is really more like the Empire) was involved with Modernize Our Beer Laws? Their president was saying things about PA beer regulations being anti-consumer: "We have a law that says when you go to a beer distributor you have to buy 18 pounds of beer".

So, I conclude sales must be pretty good, as this current position of the Alliance keeps us in the 1930s. Same as it ever was.

Doug McDonough said...

I recently sent a letter to Sen. John Rafferty asking for an update on his beer reform bill of early 2010. He responded (via snail mail, no less) "My beer sales bill is in the Senate Law and Justice Committee. It has not moved, but if Representative Turzai's liquor sales bill passes, I would amend my legislation into same. All polls show that the public wants an easier, customer friendly way to select and purchase beer. Thank
you."

I really do appreciate Senator Rafferty's response. I have yet to receive a single response from any other state legislator to whom I've written on this matter.

Lew Bryson said...

"It has not moved."

And it won't.

tony said...

in washington the stores who bought th vote, plan on putting 20 to 30 codes of items in the stores. talking with a vendor who sells in washington. if that is the progress you are talking about you need to get help. or report things from two sides of a store.

Lew Bryson said...

"tony"...

20 to 30 codes? Who do you expect to believe that outrageous lie? Do you listen to everything people tell you? I doubt you'll find many takers here.

BTW, as the posting process says, the forum's moderated. So next time, just post once, not four times with the same thing. Use the time you saved to edit your post. Not to mention posting your comment to the right article: the Washington privatization post is downstream from here. Good luck with that.

Anonymous said...

When I lived in North Carolina a grass roots group called "pop the cap" was instrumental in the state changing its beer laws to allow beer over 6% ABV. One thing they did that was great is they had a template/form letter you could copy,paste, and email to the house and senate members. It was very effective and got many people to respond that normally would not have because it made it much easier for them to do so. They had email addresses of all politicians on the site as well. Worked great.