Never Mind That September Trial Date in Beer, Wine Case. There's Now An April Hearing.

Categories: City Hall
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If you click to embiggen the image at right you'll note it's  an invite to a beer-and-wine "launch party" at the Preston Forest Whole Foods scheduled for tomorrow; it arrived this morning with the header "It's the end of Prohibition at Preston Forest's Whole Foods Market." Soon as it landed in the in-box, I went over to Dallas County's website to see if there'd been any further filings in the lawsuit trying to overturn the referendum allowing for the citywide sale of beer and wine, which, you may recall, is set to go to trial on September 12 following two days' worth of hearings last month.

And, sure enough: On February 10, Leland de la Garza, one of the attorneys fighting to overturn the election on behalf of liquor stores and real-estater Marcus Wood and city council-appointed Dallas Area Rapid Transit board member Jerry Christian, filed a massive motion for summary judgment -- between the motion and the exhibits, it runs 151 pages. One day later, Judge Laurine Blake of Bonham, who's presiding over the anti side's fight against the city, set a hearing on the motion for April 19 at the George Allen.

"They're within their rights to do that," says First Assistant City Attorney Chris Bowers this morning, when asked about the motion. "Ideally, you want to have it heard before trial so you don't have to gear up for trial. In this case, all their actions have indicated they'd at least like to win their case as fast as they can. But we will be filing an equally massive response. We will have a vigorous defense, and I am not losing sleep over their summary judgment motion."

He says the city's response will be filed within the next couple of weeks. We'll post shortly thereafter. Till then, those in need of some weekend reading are free to jump for the other side's filing. I'd recommend taking a sixer with you. Anti-Beer and Wine Side's Motion for Summar Judgment
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8 comments
LaceyB
LaceyB

May I also add that while bringing the requisite 2 ltrs of alcohol allowed into the country duty free after a trip, customs informed me that TX was the only state that allows you to purchase two and bring in one ltr only. The man let me bring in 2, because, well, didn't know.Incidentally, the man said, "I guess TX wants you to buy your liquor here, so they can profit on it."I said, "Yeah, but not in Dallas."

Erich S
Erich S

Geez. I hope that this doesn't pan out for Siegel et al. But this being Dallas -- one never knows! They just started selling beer & wine at the Casa Linda Albertsons over by my house. It's now incredibly convenient to buy vino at a decent price, close to home -- and not a bad selection either. But talking to the employees at said grocery store, there has been a tremendous push-back, esp. from the older neighbors, against the alcohol sales.

BobP19
BobP19

this has to be the biggest joke I've seen...and it makes me REALLY happy I live in Richardson!

Groucho42
Groucho42

They're a little slow. I live between two Kroger stores, one in Buckingham (always wet) and on at Forest/Greenville (had been dry). Mid-January, the Dallas one suddenly sprouted coolers and beer/wine appeared by the end of that month.

It was always dumb to think that a dry store only a few miles from a wet one inhibited drinking in any manner at all. It's long past time for Dallas to have consistent sale of alcohol and for the oligopoly to learn how to be competitive.

LaceyB
LaceyB

Um...let's hear them say "no" to you verbally, over the phone, then send a non-drinking intern to this soiree and see what happens. Or send a Friend-who-can-handle-their-vino undercover. The people voting "dry county" against OUR vote will be tucking into those reds, no doubt, soaking up the perks, then voting "no" near the only place that you, Robert, have any chance of beer, ever.I pick Justin Terveen. His pictures are AMAZING. And when I can afford one--BAM!!

Amy S.
Amy S.

EFF ME. We sent in our new application yesterday. Going to take about a month and a half to process.

scottindallas
scottindallas

Lacey, the customs officials don't enforce state laws. It's legal to go across, get a scrip for Valium and bring two bottles of 90 pills across. Now if the State or local police stopped you, you'd be in trouble, but it's in accord with Federal Regs.

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