B-21 WINES, INC.; Justin Hammer; Bob Kunkle; Mike Rash; Lila Rash, Plaintiffs-Appellants,
v.
Hank BAUER, Chair, North Carolina Alcoholic Beverage Control Commission, Defendant-Appellee, and
Joshua Stein, Attorney General of North Carolina, Defendant.
Center for Alcohol Policy; North Carolina Association of ABC Boards; American Beverage Licensees; NC Beer & Wine Wholesalers Association; Wine & Spirits Wholesalers of America, Incorporated, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 9, 2022.
Decided: June 1, 2022.
Attorney(s) appearing for the Case
ARGUED: James A. Tanford , EPSTEIN COHEN SEIF AND PORTER, LLP, Bloomington, Indiana, for Appellants. Ryan Y. Park , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert D. Epstein , James E. Porter , EPSTEIN COHEN SEIF AND PORTER, LLP, Indianapolis, Indiana; William C. Trosch , CONRAD TROSCH & KEMMY, P.A., Charlotte, North Carolina, for Appellants. Joshua H. Stein , Attorney General, Zachary W. Ezor , Solicitor General Fellow, Jeffrey B. Welty , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Jon Carr , JORDAN PRICE, Raleigh, North Carolina, for Amicus North Carolina Association of ABC Boards. John C. Neiman, Jr. , Brandt P. Hill , MAYNARD COOPER & GALE P.C., Birmingham, Alabama, for Amici The Center for Alcohol Policy and the North Carolina Association of ABC Boards. Jo Moak , Jacob Hegeman , WINE & SPIRITS WHOLESALERS OF AMERICA, INC., Washington, D.C.; Kris Gardner , THARRINGTON SMITH LLP, Raleigh, North Carolina; Frederick R. Yarger , Teresa G. Akkara , WHEELER TRIGG O'DONNELL LLP, Denver, Colorado, for Amici Wine & Spirits Wholesalers of America, Inc., American Beverage Licensees, and North Carolina Beer & Wine Wholesalers Association.
Affirmed by published opinion. Judge King wrote the majority opinion, in which Judge Quattlebaum joined. Judge Wilkinson wrote a dissenting opinion.
KING, Circuit Judge:
Plaintiffs B-21 Wines, Inc., a Florida-based wine retailer, plus its owner and three North Carolina residents, initiated this 42 U.S.C. § 1983 action in the Western District of North Carolina, challenging a North Carolina alcoholic beverage control regime as unconstitutional. More specifically, the Plaintiffs allege that...
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