On the long list of ridiculous Texas laws the alcoholic beverage code would have to take up about half the space (although that whole “no marriage equality” thing is pretty far up there), but it seems like at least a part of our antiquated system of booze laws is getting an update. Under current state law “beer” can contain no more than 4% alcohol by volume, anything greater and it must be labeled as “ale” or “malt liquor.” If a recent ruling by US District Court Judge Sam Sparks holds that’s about to change.
A group of brewers sued the state arguing that the current restrictions violated their free speech. The judge agreed, and in a hilarious ruling poked fun at the Texas Alcoholic Beverage Commission for thinking they can redefine words by legislative fiat, and gave a shout-out to Austin’s annual bat festival. From Austin360.com:
“TABC’s argument, combined with artful legislative drafting, could be used to justify any restrictions on commercial speech. For instance, Texas would likely face no (legal) obstacle if it wished to pass a law defining the word ‘milk’ to mean ‘a nocturnal flying mammal that eats insects and employs echolocation.’ Under TABC’s logic, Texas would then be authorized to prohibit use of the word ‘milk’ by producers of a certain liquid dairy product, but also to require Austin promoters to advertise the famous annual ‘Milk Festival’ on the Congress Avenue Bridge.”
