"A ruler who lacks understanding is a great oppressor,
But he who hates covetousness will prolong his days."
Couldn't happen to a nicer state agency....
Read the full brief here.
Texas Public Policy Foundation Files Amicus Brief on TABC Overreach Case
Texas Alcoholic Beverage Commission’s interpretation of law wrongly denies Texans the right to pursue an honest living.
AUSTIN –The Texas Public Policy Foundation (TPPF) filed an amicus curiae brief inCadena Commercial USA Corp. v. Texas Alcoholic Beverage Commission, opposing the overreaching interpretation of the state’s tied house laws, which wrongly denies the plaintiff their right to participate in economic activity.
“The state’s power to regulate is not unlimited,” said Kathleen Hunker, senior policy analyst and attorney with the Center for Economic Freedom at the Texas Public Policy Foundation. “From as far back as Aquinas, it has been understood that, a government action must advance a public good in order to be considered lawful. The so-called ‘One Share Rule,’ however, fails that basic standard. The history, impact, and selective enforcement all attest that the purpose behind TABC’s interpretation is to protect influential businesses from competition—not the health and safety of Texans. The One Share Rule therefore does not possess the qualities that grant it force under the Texas Constitution. It does not, simply put, deserve to be recognized as valid law.”
“Even with Texas’ overall commitment to economic liberty, there remain too many examples where Texas law sacrifices the rights of many to benefit the pocketbooks of a few,” said Bill Peacock, vice president for research and director of the Center for Economic Freedom at the Texas Public Policy Foundation. “The legitimate interests of the state of Texas do not include shielding politically-connected businesses from competition in order to enhance their profits.”