LOUISVILLE, KY (WDRB) -- A federal judge has found that Kentucky's law that bans grocery stores and gas stations from selling wine and liquor is unconstitutional.
Judge John Heyburn ruled that Kentucky's law is discriminatory and violates the equal protection clause of the 14th amendment of the U.S. Constitution. In his 28-page opinion, Heyburn wrote that grocery stores and gas stations have been injured because of their ineligibility to sell wine and liquor.
The ruling is not final – Judge Heyburn wants a meeting among all parties next week. But if the order is finalized, it would mean consumers will be able to buy wine and liquor in more places in Kentucky. Currently, grocery stores may apply for packaged liquor licenses but they must be in a separate structure.
The state's Alcohol Beverage Control argued that grocery stores and gas stations were not harmed because they knew about the law when they opened. But the judge disagreed, writing "the harm Plaintiffs suffer is not that some retailers have licenses while they do not; it is that Plaintiffs cannot apply for licenses on the same footing as other retailers."
He goes on, stating that the law: "does not explain why a grocery-store-selling drugstore like Walgreens may sell wine and liquor, but a pharmaceutical selling grocery store like Kroger cannot." In that sense, Heyburn points out a discrepancy that has puzzled many consumers.
Dick Brown, a spokesman for the state's ABC told WDRB News the state is "studying the ruling to determine its implications."
At Maxwell's Pic Pac, the grocery store that sued seeking a summary judgment, employees and customers were happy Tuesday to learn of the ruling.
"I think it's wonderful because small stores need to be able to keep up with the larger stores in order to remain competitive," said Teresa Skaggs, a Pic Pac employee.
Skaggs says they've often had to send customers away who were looking to buy wine or liquor, especially around Derby.
"Yes, we've had to send them across the street to the liquor store in order to get their merchandise," she said.
Robert Reed, a frequent customer, came in Tuesday to purchase a lottery ticket. But he said a change in the law would make it more convenient when he came to buy wine for his wife.
"I believe it would be more convenient. If you go out, pick up a bottle of whatever -- go home and chill out," Reed said laughing.
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