Louisiana Convenience And Vape Store Association, Inc. v. Ernest P. Legier, Jr. Commissioner, Louisiana Alcohol And Tobacco Control, and Kevin Richard, Secretary, Louisiana Department Of Revenue

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
LOUISIANA CONVENIENCE AND NO. 2024 CW 0237
VAPE STORE ASSOCIATION, INC.

VERSUS
ERNEST P. LEGIER, JR.
COMMISSIONER, LOUISIANA
ALCOHOL AND TOBACCO CONTROL,
AND KEVIN RICHARD, SECRETARY
LOUISIANA DEPARTMENT OF
APRIL 2, 2024
REVENUE

In Re: Ernest P. Legier, Jr., Commissioner of the Louisiana
Office of Alcohol and Tobacco Control and Richard
Nelson, Secretary of the Department of Revenue,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 740120.

BEFORE: WELCH, WOLFE, AND STROMBERG, J J.

STAY DENIED; WRIT GRANTED WITH ORDER.The district court's
February 21, 2024 order denying as moot the motion for
suspensive appeal filed by defendants, Ernest P. Legier, Jr., in
his official capacity as Commissioner, Louisiana Alcohol and
Tobacco Control, and Kevin Richard, in his official capacity as
Secretary, Louisiana Department of Revenue, is reversed. The
district court has granted a preliminary injunction "which may
restrain the execution or enforcement" of enacted laws of the
legislature of Louisiana, and "the defendant or defendants or
any person or persons affected thereby, may suspensively appeal
the order or judgment" pursuant to La. R.S. 13:4431.
Accordingly, the district court is ordered to grant defendants'
motion for suspensive appeal pursuant to La. R.S. 13:4431 on or
before April 9, 2024. See Womack v. Louisiana Commission on
Governmental Ethics, 193 So.2d 777 (La. 1967); See also Manuel
v. State, 95-2189 (La. 3/8/96), 692 So.2d 320.

JEW
EW
TPS

COURT OF APPEAL, FIRST CIRCUIT

a.,.o
DEPUT~ERK OF COURT
FOR THE COURT