Law Vibe

From Law.com:

A beer distributor says Maine is being a Scrooge by barring it from selling a beer with a label depicting Santa Claus enjoying a pint of brew.

In a complaint filed in federal court, Shelton Brothers accuses the Maine Bureau of Liquor Enforcement of censorship for denying applications for labels for Santa’s Butt Winter Porter and two other beers it wants to sell in Maine.

The dispute recalls a similar squabble last year when Connecticut told Shelton Brothers it had problems with its Seriously Bad Elf ale.

“Last year it was elves. This year it’s Santa. Maybe next year it’ll be reindeer,” said Daniel Shelton, owner of the company in Belchertown, Mass.

The lawsuit, filed last week, contends the state’s action violates the First Amendment by censoring artistic expression.

But the state says it’s within its rights. The label with Santa might appeal to children, said Maine State Police Lt. Patrick Fleming. The other two labels are considered inappropriate because they show bare-breasted women.

“We stand by our decision and at some point it’ll go through the court system and somebody will make the decision on whether we are right or wrong,” he said.

The lawsuit was brought by the Maine Civil Liberties Union, which says the beer labels are entitled to First Amendment protection.

“There is no good reason for the state to censor art, even art found on a beer label,” said Zachary Heiden, staff attorney for the MCLU.

The label for the English-made Santa’s Butt Winter Porter features a rear view of a beer-drinking Santa Claus sitting atop a barrel. The beer’s name refers not only to Santa’s ample backside, but also to the barrel. In England, brewers once used a large barrel called a “butt” to store beer.

States have the power to regulate alcohol through the 21st Amendment, which repealed Prohibition in 1933. “But I don’t know where they get the idea they can ignore the rest of the Constitution,” Shelton said.