South Bend —
The lawsuit was filed specifically on behalf of three IPCA members, Thorntons Inc. based in Louisville, Ky., Ricker Oil Co. based in Anderson and Freedom Oil Inc. based in Warsaw, and Wayne County resident Steven Noe. The lawsuit argues the state of Indiana loses tax revenue when Indiana residents who live in Illinois, Michigan, Ohio or Kentucky drive across the state line to buy cold beer.
The lawsuit said Noe bought a chilled 12-pack of Bud Light from a liquor store in Richmond on Saturday for $13.36. He bought the same warm 12-pack from a Richmond convenient store for $10.69 and chilled from a New Paris, Ohio, convenience store for $11.76.
Imus said the fact that the convenience stores and grocery stores can sell chilled wine products is another example of how arbitrary the law is.
“We don’t think the state should be in the business of picking winners and losers and allocating market share,” Imus said. “Businesses that are given the authority and have met the regulatory controls requirement the state insists upon ought to be able to sell the product the way customers want it.”