For far too long, your alcoholic beverage laws have served special interests, protecting private, rather than public welfare, and it’s time we take a stand. We have taken legal action against our (otherwise) great state and are asking craft beer lovers, both near and far, for support in this cause. We are sorry that legal action is the only way to bring about fairness in an antiquated system that has failed to adapt to the legal, social, and commercial changes of the past 82 years.

The injustice in question is the unfair and unconstitutional laws that prohibit microbreweries from selling their products on-site for off-premise consumption. You see, Texas allows every other alcoholic beverage manufacturer to do just that – wineries, distilleries, and even brewpubs are allowed to sell their products directly to the end consumer for off-premise consumption. Microbreweries cannot. 

The Equal Protection Clause of the Constitution requires that government treat similarly situated persons the same, or precludes it from treating one set of persons differently than others who are similarly situated. In other words, beverage laws in Texas must treat all businesses similarly situated alike. How are wineries, distilleries, or even brewpubs - making exactly the same products as a microbrewery - any different? What state interest is being served? How is this prohibition against microbreweries protecting the welfare, health, peace, temperance, or safety of the people of Texas? Long story short, it isn’t.

This prohibition against microbreweries is meant merely to protect private interests and has no rational justification to the citizens of Texas. It is long past time for Texas to start making significant changes to its Beverage Code that promote the fair and equal treatment of its Members.

Oh, we've tried. Over the past 7 legislative sessions (14 years), bills have been introduced that would allow some level of beer to be sold for off-premise consumption. Unfortunately, all dreams of such laws passing are usually quickly crushed by the powerful distributor lobbyists. This whole lawsuit thing was tried once before as well; however, it never moved past a summary judgement. With your help, we plan to take this case the distance and see it succeed. 

“The essential definition of corruption in a representative democracy is the usurpation of public authority to the advancement of private interests. The system currently used to regulate alcoholic beverages in Texas now promotes private, rather than public, welfare.“

Now, before you go getting all crazy that we just called the entire Commission corrupt,  this quote was taken directly from a position paper submitted in 2006 as part of the Texas Sunset Commission, which is tasked with making regular assessments of the continuing need for each state agency to exist. Unfortunately, this Position Paper was not formally considered or adopted by the Sunset Commission. Had that been the case, maybe all of this could have been avoided.

(Read the full position paper, here.)

But here we are. Not only are we, as microbreweries, being unjustly prohibited from selling six-packs to go, but consumers – the citizens of Texas and beyond – are being unjustly prohibited from directly supporting their favorite Texas brewery. 

Join us in Operation Six-Pack to Go and Help us #SueTABC to abolish the unconstitutional laws that unfairly discriminate against our growing number of microbreweries!

As you’re already aware, we have taken the first step by filing the lawsuit, but there is still a very long ways to go. We have retained two law firms and several expert witnesses, including the former general Counsel for TABC. Lawsuits are expensive, but with your support, we can see this across the finish line! Not only will your contribution help the cause, but it will also send a strong message to our lawmakers that we want continued progression in our craft beer laws!  

We believe that being part of history and helping further craft beer in Texas is a reward in itself, but we're also tossing in some cool perks for your help!