INDIANAPOLIS -- Indiana convenience stores’ bid to win the right to sell cold beer took another blow Monday when a federal appeals court ruled against them.
Only liquor stores are allowed to sell cold beer for carryout under Indiana law. The Indiana Petroleum Marketers and Convenience Store Association, or IPCA, filed suit in 2013 seeking to invalidate that law.
A federal judge ruled against the group, last year. And on Monday, a three-judge panel at the 7th Circuit Court of Appeals rebuffed the convenience stores.
The court notes IPCA make several policy arguments – for instance, that they’re allowed to sell chilled beverages with higher alcohol content, such as wine coolers, and that grocery and convenience stores have a better compliance record with the state’s alcohol laws than liquor stores. But the unanimous decision from the appeals court says those arguments are for the Indiana General Assembly, not the judicial branch.
IPCA, which could not be reached for comment, can appeal the ruling to either the full 7th Circuit or to the U.S. Supreme Court.