WENDELL MANUEL,d/b/a JUNGLE LOUNGE AND RESTAURANT, ET AL. VERSUS STATE OF LOUISIANA, OFF. OF ALCOHOL AND TOBACCO CONTROL, ET AL.
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 07-1620 WENDELL MANUEL, D/B/A JUNGLE LOUNGE AND RESTAURANT, ET AL. VERSUS STATE OF LOUISIANA, OFF. OF ALCOHOL AND TOBACCO CONTROL, ET AL. ********** APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF EVANGELINE, NO. 68791-A HONORABLE JOHN LARRY VIDRINE, DISTRICT JUDGE ********** BILLY HOWARD EZELL JUDGE ********** Court composed of Marc T. Amy, Billy Howard Ezell, and J. David Painter, Judges. AFFIRMED. Anthony Craig Dupre P. O. Drawer F Ville Platte, LA 70586 (337) 363-3804 Counsel for Plaintiffs/Appellants: B & S Corner Grocery Store, Inc. Wendell Manuel, D/B/A Jungle Lounge and Restaurant Gary J. Ortego Attorney at Law P. O. Drawer 810 Ville Platte, LA 70586 (337) 363-0707 Counsel for Plaintiffs/Appellants: B & S Corner Grocery Store, Inc. Wendell Manuel, D/B/A/ Jungle Lounge and Restaurant Stephanie Bienvenu Laborde Milling, Benson, Woodward 339 Florida Street, Suite 300 Baton Rouge, LA 70801-1304 (225) 291-7300 Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC David Alexander Young Asst. Attorney General 1885 North 3rd Street, 6th Floor Baton Rouge, LA 70802 (225) 326-6030 Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC Christian T. Avery Attorney at Law 208 E. Cornerview Street Gonzales, LA 70737 (225) 647-2155 Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC Charles E. Smarr Brydon, Swearengen & England 312 East Capitol Avenue Jefferson City, MO 65101 (573) 635-7166 Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC EZELL, JUDGE. In this matter, Wendell Manuel, d/b/a Jungle Lounge and Restaurant, and B&S Corner Grocery Store, Inc. (herein after collectively referred to as the Plaintiffs ), appeal the decision of the trial court dismissing their claim that bans on certain practices relating to the wholesale and retail of alcoholic beverages within the State of Louisiana are unconstitutional violations of the Sherman Act and the Interstate Commerce Clause of the United States Constitution. For the following reasons, we affirm the decision of the trial court. The Plaintiffs are retailers of alcoholic beverages. In the trial court below, they challenged the three-tier system controlling the distribution of alcohol in Louisiana, alleging that certain practices set forth under Louisiana law are unconstitutional. These practices include: 1) a ban on certain credit sales by a wholesaler to a retailer; 2) a ban on price discounts based upon volume; 3) a delivered-pricing requirement; 4) a ban on central warehousing by retailers of alcoholic beverages; 5) a ban on the provision of distribution services by retailers; 6) a ban on sales or deliveries by a wholesaler to retailers located outside of the wholesaler s territory; 7) the ban on direct shipping to consumers by retailers domiciled inside Louisiana, and 8) the ban on direct shipping to consumers in prohibition territory by retailers domiciled within the state of Louisiana. The trial court, noting that, if successful, the Plaintiffs claims would result in the functional collapse of the retail and wholesale tiers of Louisiana s three-tiered alcoholic beverage distribution system, ruled that the bans were not unconstitutional and dismissed the Plaintiffs claims. From this decision, the Plaintiffs appeal. The Plaintiffs assert one assignment of error on appeal, that the trial court erred in failing to declare the challenged practices unconstitutional. We find this claim to be devoid of merit. 1 In the case sub judice, the trial court set forth extensive and well-reasoned written reasons for its judgment into the record, setting out the law and the facts in great detail. A thorough review of the record and relevant jurisprudence finds them to be both persuasive and correct. Accordingly, we adopt the trial court s reasons for judgment as our own and attach them as an appendix hereto. Based on the foregoing, the decision of the trial court is hereby affirmed. All costs of this appeal are assessed against Wendell Manuel, d/b/a Jungle Lounge and Restaurant, and B&S Corner Grocery Store, Inc. AFFIRMED. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
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