Proud to represent @AtlasBrewWorks in its First Amendment shutdown challenge. Can the government silence you because the speech-licensing office is closed? Complaint https://t.co/FLDzYyYhyG TRO https://gurapllc.com/wp-content/uploads/2019/01/3-motion_TRO_PI.pdf
— Alan Gura (@alangura) January 15, 2019
The ATF must give approval of the label on any alcoholic beverage sold in U.S. interstate commence. Since the ATF licensing center is currently shut down with no known reopening date some companies have their new products on hold for fear of prosecution if they were to proceed without approval.
2nd Amendment champion Alan Gura is asking the court to ignore the requirement on 1st Amendment grounds until the government shutdown is over and the process for label approval is available.
I think the whole requirement for permission for labeling your product is bogus and should be completely thrown out. False labeling should be addressed but not in the form of requiring prior permission. But one step at a time.
Methinks Gura has grander plans in mind. Building a foundation whereby refusal or inability of the gov’t to grant approval of something they legally require of you, is an infringement. Now imagine how that relates to the Hughes amendment and tax stamps…….
That thought crossed my mind too.
Going to lose hard. 27 USC 205 is clear – the labeling has to comply – a limitation on the first amendment right to free speech. The COLA is only a certification that reassures companies that their label does comply. Atlas can go ahead and sell its beer in DC or across state lines without a COLA, as far as ATF is concerned.
CFR regulations aren’t legally binding statute. You can sue because the regulation causes an Agency to incorrectly/illegally enforce the law against you, but you can’t sue because an agency didn’t enforce a regulation against you.