A New Challenge to Florida's Wall of Separation Law


Early last year, Florida lawmakers tried to repeal an antiquated state law requiring any grocery or chain store wishing to sell distilled spirits to do so in a separate retail location away from other products. The so-called “Whiskey and Wheaties” reform bill passed the state legislature, only to be vetoed by Gov. Rick Scott. R Street testified in favor of the reform bill and wrote several op-eds on the issue (here and here). Large retailers such as Wal-Mart and Target have now initiated an administrative challenge in an effort to get the law overturned:

Target and Walmart are heading to court to get an administrative law judge to give them what Gov. Rick Scott wouldn’t: The ability to sell whiskey and Wheaties in the same store. 

The big-box retailers late Monday filed an administrative challenge against the state’s Division of Alcoholic Beverages And Tobacco (ABT).

At issue: The state’s obscure, 24-year-old “Restaurant Rule,” which restricts eateries and other businesses that have ‘consumption on premises’ liquor licenses from selling anything other than items “customarily sold in a restaurant.” The plaintiffs say the rule is “not supported by logic or necessary facts.”

For over eight decades, Florida law — enacted after Prohibition — has required retailers to sell hard liquor in a separate store, though beer and wine can be sold in grocery aisles…

Read the rest here.