AUSTIN – The Texas Public Policy Foundation this week filed an amicus brief with the Texas Supreme Court supporting the Court’s grant of review in the matter of Live Oak Brewing Co., LLC, et. al. v. Texas Alcoholic Beverage Commission, et. al.
The case is headed to the Texas Supreme Court after the Third Court of Appeals required that petitioners had to be “entirely shut out from practicing their trade” in order to claim an infringement on their rights under the Texas Constitution and, in doing, so misinterpreted the Texas Supreme Court case of Patel v. Texas Department of Licensing and Regulation which recognized economic liberty as a fundamental interest.
Robert Henneke, general counsel and director of the Center for the American Future at the Texas Public Policy Foundation offered the followed statement on the case:
“The Foundation believes the Texas Supreme Court should take this opportunity to review — and reverse — the appellate court’s flawed ruling, which says that an infringement of individual liberty isn’t a problem unless it’s a complete prohibition.”