CA-0007-1620 Nonprecedential Affirmed Processed

WENDELL MANUEL,d/B/A JUNGLE LOUNGE AND RESTAURANT VERSUS STATE OF LOUISIANA, OFF. OF ALCOHOL AND TOBACCO CONTROL

Louisiana Court of Appeal, Third Circuit · Filed April 30, 2008

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 07-1620

WENDELL MANUEL, D/B/A JUNGLE LOUNGE AND RESTAURANT,
ET AL.

VERSUS

STATE OF LOUISIANA, OFF. OF ALCOHOL AND TOBACCO
CONTROL, ET AL.

**********

APPEAL FROM THE
THIRTEENTH JUDICIAL DISTRICT COURT
PARISH OF EVANGELINE, NO. 68791-A
HONORABLE JOHN LARRY VIDRINE, DISTRICT JUDGE

**********

BILLY HOWARD EZELL
JUDGE

**********

Court composed of Marc T. Amy, Billy Howard Ezell, and J. David Painter, Judges.

AFFIRMED.

Anthony Craig Dupre
P. O. Drawer F
Ville Platte, LA 70586
(337) 363-3804
Counsel for Plaintiffs/Appellants:
B & S Corner Grocery Store, Inc.
Wendell Manuel, D/B/A Jungle Lounge and Restaurant

p. 2

Gary J. Ortego
Attorney at Law
P. O. Drawer 810
Ville Platte, LA 70586
(337) 363-0707
Counsel for Plaintiffs/Appellants:
B & S Corner Grocery Store, Inc.
Wendell Manuel, D/B/A/ Jungle Lounge and Restaurant

Stephanie Bienvenu Laborde
Milling, Benson, Woodward
339 Florida Street, Suite 300
Baton Rouge, LA 70801-1304
(225) 291-7300
Counsel for Defendants/Appellees:
State of Louisiana, Office of Alcohol and Tobacco Control
Murphy J. Painter, COATC

David Alexander Young
Asst. Attorney General
1885 North 3rd Street, 6th Floor
Baton Rouge, LA 70802
(225) 326-6030
Counsel for Defendants/Appellees:
State of Louisiana, Office of Alcohol and Tobacco Control
Murphy J. Painter, COATC

Christian T. Avery
Attorney at Law
208 E. Cornerview Street
Gonzales, LA 70737
(225) 647-2155
Counsel for Defendants/Appellees:
State of Louisiana, Office of Alcohol and Tobacco Control
Murphy J. Painter, COATC

Charles E. Smarr
Brydon, Swearengen & England
312 East Capitol Avenue
Jefferson City, MO 65101
(573) 635-7166
Counsel for Defendants/Appellees:
State of Louisiana, Office of Alcohol and Tobacco Control
Murphy J. Painter, COATC

p. 3

EZELL, JUDGE.

In this matter, Wendell Manuel, d/b/a Jungle Lounge and Restaurant, and B&S

Corner Grocery Store, Inc. (herein after collectively referred to as “the Plaintiffs”),

appeal the decision of the trial court dismissing their claim that bans on certain

practices relating to the wholesale and retail of alcoholic beverages within the State

of Louisiana are unconstitutional violations of the Sherman Act and the Interstate

Commerce Clause of the United States Constitution. For the following reasons, we

affirm the decision of the trial court.

The Plaintiffs are retailers of alcoholic beverages. In the trial court below, they

challenged the three-tier system controlling the distribution of alcohol in Louisiana,

alleging that “certain practices” set forth under Louisiana law are unconstitutional.

These practices include: 1) a ban on certain credit sales by a wholesaler to a retailer;

2) a ban on price discounts based upon volume; 3) a “delivered-pricing requirement;”

4) a ban on central warehousing by retailers of alcoholic beverages; 5) a ban on the

provision of distribution services by retailers; 6) a ban on sales or deliveries by a

wholesaler to retailers located outside of the wholesaler’s territory; 7) the ban on

direct shipping to consumers by retailers domiciled inside Louisiana, and 8) the ban

on direct shipping to consumers in prohibition territory by retailers domiciled within

the state of Louisiana.

The trial court, noting that, if successful, the Plaintiffs’ claims would result in

the functional collapse of the retail and wholesale tiers of Louisiana’s three-tiered

alcoholic beverage distribution system, ruled that the bans were not unconstitutional

and dismissed the Plaintiffs’ claims. From this decision, the Plaintiffs appeal.

The Plaintiffs assert one assignment of error on appeal, that the trial court erred

in failing to declare the “challenged practices” unconstitutional. We find this claim

to be devoid of merit.

p. 4

In the case sub judice, the trial court set forth extensive and well-reasoned

written reasons for its judgment into the record, setting out the law and the facts in

great detail. A thorough review of the record and relevant jurisprudence finds them

to be both persuasive and correct. Accordingly, we adopt the trial court’s reasons for

judgment as our own and attach them as an appendix hereto.

Based on the foregoing, the decision of the trial court is hereby affirmed. All

costs of this appeal are assessed against Wendell Manuel, d/b/a Jungle Lounge and

Restaurant, and B&S Corner Grocery Store, Inc.

AFFIRMED.