U.S. Supreme Court Case: Can States Block Newcomers from Earning a Living?

Doug and Mary Ketchum moved to Tennessee so they could own and operate a mom-and-pop liquor store there. Doing so would enable them to meet their two main goals: earning a living and doing so in a way that gives them the flexible schedule they need to take care of their severely disabled and ailing daughter, Stacy. Moving from Utah was not merely a matter of choice for the Ketchums; the temperature inversion in Salt Lake’s valley caused one of Stacy’s lungs to collapse, making their move a matter of life and death.

And so they moved to Memphis to own and operate Kimbrough Towers Fine Wine, which would allow them to be available 24/7 for their daughter as she needed.

But the Tennessee Wine and Spirits Retailers Association—a lobbying arm representing the special interest of in-state liquor retailers—had different plans for the Ketchums. When it heard that the staff at the Tennessee Alcoholic Beverage Commission recommended the Ketchums be granted their retail liquor license, it threatened to sue the Commission for failing to enforce Tennessee’s liquor laws. In response, the Commission beat the Retailers Association to the punch, filing its own lawsuit and asking a court to declare whether Tennessee’s liquor laws were unconstitutional.

According to Tennessee’s law, to qualify for a retail liquor license, one must be a resident of Tennessee for at least two years; and to renew the license, applicants are required to have 10 years of in-state residency. The law blatantly discriminates in favor of in-state residents and against newcomers who move to Tennessee. So egregious are the violations, that even the Office of the Tennessee Attorney General declared the laws unconstitutional. Two federal courts—a trial court and a court of appeals—agreed.

The Ketchums’ case will be argued on January 16, 2018, before the U.S. Supreme Court. The Institute for Justice represents Doug and Mary Ketchum. IJ is fighting for their constitutional right to earn an honest living anywhere in America free from arbitrary and excessive government restrictions.

https://ij.org/case/tennessee-wine-and-spirits-retailers-association-v-blair/
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