Indiana C-Stores File Lawsuit Over Cold Beer Sales

The Indiana Petroleum Marketers and Convenience Store Association, Freedom Express, Ricker’s and Thorntons are suing the state for the right to sell cold beer.

May 15, 2013

INDIANAPOLIS – Indiana convenience stores really want to sell cold beer. This week, the Indiana Petroleum Marketers and Convenience Store Association (IPCA) and three of its members have filed a lawsuit against the State of Indiana in U.S. District Court in order to do so, Kokomo Perspective reports.

Currently, a law requires drug stores, supermarkets and convenience stores to only stock warm beer, while other retailers can offer a cold brewski to customers. The suit by Freedom Express, Ricker’s and Thorntons, along with the association, says the law is in violation of the U.S. Constitution’s equal protection clause. In other words, they claim the law favors one retailer class over another.

“This lawsuit is about fairness, convenience, and promoting competition for the sale of cold beer in a rational and responsible way so that my members can serve their customers,” said Scot Imus, IPCA executive director. “We are confident that the court will agree with us that it is not the job of government to pick winners and losers in the marketplace.”

Indiana is the only state that has regulations about beer temperature in relation to sales. Wine products are not covered under the law, only beer. “Some common sense needs to be applied to Indiana’s alcohol laws, so that Hoosier business owners like myself may provide products, including beer, without ridiculous temperature restrictions to their customers,” said Gregory Cobb, managing member of Freedom Express.

“There is no logic with the current law that gives one class of retailer an exclusive right to sell cold beer,” said Imus. “Indiana’s alcohol laws have not always favored one retailer over another and in fact, it was just in the last 50 years that liquor stores were granted the privilege of selling cold beer.”

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