Justices eye challenge of wine in grocery stores proposal
Sparking wines and champagne. CHRISTOPHER SMITH/ Tulsa World File
By BARBARA HOBEROCK World Capitol Bureau
Published: 6/21/2012 8:24 AM
Last Modified: 6/21/2012 2:07 PM
OKLAHOMA CITY -- Some Oklahoma Supreme Court justices on Thursday took a critical view of a challenge to a proposal to let wine be sold in some grocery stores.
Oklahomans for Modern Liquor Laws is seeking to circulate an initiative petition to put the issue to a vote of the people. But the legal challenge means the measure likely will not be on the Nov. 6 ballot.
Yousef Javadzadeh, an Oklahoma City convenience store owner, and anti-addiction groups filed a protest to the proposal's constitutionality.
If the protest is denied, supporters could then circulate the petition, which needs 155,000 votes to be placed on the ballot.
Protestors allege the ballot measure violates the prohibition against issues containing more than one subject and the equal protection clause of the Oklahoma and U.S. constitutions because it treats similarly situated entities differently.
Justice Noma Gurich said the challenge was about protecting an economic interest on a monopoly, adding that it was purely about dollars and not to keep children from consuming alcohol. Jon Brightmire, representing Javadzadeh, said his client had a right to protest and the high court is duty bound to review it.
Justice Yvonne Kauger said she considers herself an expert in the single-subject rule.
"I have not seen anything in here that is not one single subject," Kauger said. "This is all involved with the sale of wine."
Kauger said people have a right to make changes to the Oklahoma Constitution if they chose.
Justice John F. Reif said he was having trouble seeing the equal protection violation alleged.
He said grocery stores can say package stores have an unfair advantage because they are selling liquor. If approved by voters, State Question 763 would let counties of at least 50,000 people consider a limited expansion of retail wine sales. The expansion would require approval by voters in the county.
If approved, grocery stores and warehouse clubs with at least 25,000 square feet of floor space would be allowed to sell wine.
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