Biased Rules, Death Brewer Says, Are ABCs Of Digging A Grave

By Alan Wooten | The Center Square, The Center Square New Jersey

September 29, 2022

(The Center Square) — Inability to advertise and grow opportunities is akin to digging a grave in the business world.

Death of the Fox Brewing Company wants a judge to agree.

Litigation is on file between the craft brewery and the New Jersey Division of Alcoholic Beverage Control. ABC has new rules and license conditions, and a lawyer representing Death of the Fox says the alcohol licensing rules which went into effect July 1 are biased.

"ABC's new rules are a transparent attempt to favor one kind of business —bars and restaurants — over another, craft breweries," Caleb Trotter, an attorney at Pacific Legal Foundation, said in a statement. "What's more, the restriction on event advertising is an unjustifiable imposition on the free speech of breweries."

The case is filed in Superior Court of New Jersey Appellate Division. Pacific Legal is providing counsel to Death of the Fox free of charge.

The new rules, passed in 2019, limit craft brewer operations for advertising events (25 per year), number and size of televisions in a brewery, and requires guests of tours to register. "By way of example, an 'event' would include open mic night, trivia night, or airing Major League Baseball playoffs," the release said.

Food trucks visiting the premises of the craft breweries are another no-no.

Luke Wake, another lawyer at Pacific Legal, said in the release, "State agencies cannot just craft rules behind closed doors without transparency or any opportunity for public involvement. State law requires that when an agency wants to impose rules affecting our lives and our livelihood, we must at least have an opportunity to voice our concerns. And agencies are required to submit regulations to the legislature — which can decide whether to override this sort of agency action."

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