Court: Michigan regulators wrong to ban beer with controversial name
DETROIT An appeals court has ordered a federal judge to reopen a dispute over a beer that was temporarily banned by Michigan liquor commissioners.
The court says commissioners aren't immune to a lawsuit by Flying Dog Brewery, based in Frederick, Maryland. The brewery claims its First Amendment rights were violated when the Liquor Control Commission rejected an ale with a name that's offensive to some people, Raging B----.
The ban was lifted in 2011 after 18 months due to a U.S. Supreme Court decision in a different case. The brewery says it lost money during the time the label was prohibited.
The decision Friday means the case will return to federal court in Grand Rapids.
Appeals court Judge Karen Nelson Moore says it's clear that Flying Dog's rights were violated.
From the Flying Dog Brewery:
Federal Court Rules in Favor of Flying Dog in Landmark Case for Freedom of Speech
Good Beer, No Censorship prevails.
The United States Court of Appeals ruled yesterday that the Michigan Liquor Control Commissioners can be held accountable for violating Flying Dog Brewerys First Amendment rights related to the 2009 ban of the sale of Raging Bitch Belgian-Style IPA in the state.
This ruling is invigorating, Jim Caruso, Flying Dog CEO, said. Its taken a few years, but now appointed bureaucrats are accountable for imposing their personal agendas and prejudices on the public, and for committing the crime of violating Flying Dogs right to Freedom of Speech. This is refreshing, and I hope this Federal Court ruling benefits breweries, wineries and distilleries in other states, as well.
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Court: Michigan regulators wrong to ban beer with controversial name