DECATUR LIQUORS, INC. v. DISTRICT OF COLUMBIA

No. 05-7099.

478 F.3d 360 (2007)

DECATUR LIQUORS, INC., and Chekole Teshome, Appellees/Cross-Appellants v. DISTRICT OF COLUMBIA and Alcoholic Beverage Regulation Administration, Appellants/Cross-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 2007.


Attorney(s) appearing for the Case

Donna M. Murasky, Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellants/cross-appellees. With her on the briefs were Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General.

Paul R.Q. Wolfson was on the brief for amici curiae South Columbia Heights Neighborhood Association and North Columbia Heights Neighborhood Association. With him on the brief was David F. Olsky.

Craig C. Reilly argued the cause for appellees/cross-appellants. With him on the briefs were Paul Pascal and Hanoi Veras.

Scott M. Hammack argued the cause for amicus curiae American Civil Liberties Union of the National Capital Area in support of appellees/cross-appellants. With him on the brief were Arthur B. Spitzer, Jonathan D. Hacker, and Jason A. Abel.

Before: GINSBURG, Chief Judge, and GRIFFITH, Circuit Judge, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

When the District of Columbia Council was considering revisions to the District's alcoholic beverage laws, then-Council Member (now Mayor) Adrian Fenty, who represented Ward 4, proposed a ward-wide four-year moratorium on the sale of single containers of beer—specifically, a rule barring retailers from breaking manufacturers' packages of multiple containers...

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