A Massachusetts specialty beer importer has joined with the Maine Civil Liberties Union in a lawsuit against the Maine Bureau of Liquor Enforcement for denying the importer the right to sell its Christmas-themed "Santa's Butt Winter Porter" ale in the state. The bureau claims the label is "undignified or improper" because it features a beer-drinking Santa Claus sitting (with his backside slightly exposed) on a barrel. The plaintiffs claim the state's denial violates the First Amendment by censoring artistic expression.
"There is no good reason for the state to censor art, even art found on a beer label. Artistic expression is entitled to the highest level of protection under the First Amendment," said Zachary Heiden, staff attorney for the Maine Civil Liberties Union.
An official with the Maine Bureau of Liquor Enforcement declined to comment citing the pending litigation.
Shelton Brothers is involved in another lawsuit over its beer labels, this one in New York where the State Liquor Authority denied applications for six of the importer's holiday-themed beers, claiming the labels appeal to under-aged drinkers. Since filing the lawsuit, the state has backed down and allowed the sale of the beers, but the lawsuit continues to challenge the validity of the regulation and seeks damages for a month's worth of lost sales.
"We are going forward," said Shelton attorney George Carpinello, who said the suit is based on an alleged violation of the company's First Amendment rights. "This hit us right in our prime season."
"The notion that my client is somehow encouraging underage drinking with these labels is ridiculous," he added.
Last year, Shelton Brothers' Seriously Bad Elf English double ale beer was banned in Connecticut because the state found the label too appealing for children because it depicts an elf taking aim at Santa and his sleigh with a slingshot.
—Sources: Business Insurance (Crain Communications) and Daily News (New York)
