LOUISVILLE, Ky. ? The Kentucky ABC Commission and the Kentucky Department of Alcoholic Beverage Control have filed an appeal in the decision to allow liquor and wine sales in supermarkets, gasoline stations and convenience stores, Business First reports. U.S. District Jude John Heyburn II ruled last month that the state?s law forbidding the sale of wine and liquor in convenience stores and gasoline stations is unconstitutional.
David Maxwell, who co-owns the Eastern Parkway Pic-Pac, filed the original lawsuit in U.S. District Court along with the Food with Wine Coalition. The case now moves to the U.S. Court of Appeals for the Sixth Circuit, which will rule on whether to agree with or reverse Heyburn?s decision.
Tony Denher, commissioner of the state?s Department of Alcoholic Beverage Control, and Danny Reed, distilled spirits administrator of the state?s ABC Commission, both filed a motion to stay the decision while the appeal is taking place. ?Proof of the public?s interest is the legislature?s refusal to permit the sale of liquor and wine in groceries as recently as the 2009 General Assembly,? they wrote in their brief asking for the stay.
Judge Heyburn gave the plaintiffs until September 20 to submit their briefs on the matter.