New Jersey is notorious for its expensive liquor licenses—a result of its quota system that limits the number of licenses available—which unsurprisingly has led many restaurants in the state to allow “BYOB” booze. While BYOB establishments are popular among New Jerseyans, state law forbids restaurants from advertising that they are BYOB. But now a federal judge has struck down this restriction, according to the New Jersey Law Journal:
A federal judge has ruled that New Jersey’s law barring restaurants from advertising “bring your own beer” policies is unconstitutional.
The state ban on advertising policies that allow patrons to bring their own beer and wine to restaurants, known as BYOB, “places a content-based restriction on speech that fails strict scrutiny because it is not supported by a compelling government interest nor is it the least restrictive means of achieving the government’s stated purpose,” U.S. District Judge Joseph Rodriguez of the District of New Jersey ruled in GJJM Enterprises v. City of Atlantic City.
The state Division of Alcoholic Beverage Control “presented no compelling government interest for banning BYOB advertising, while permitting liquor stores and restaurants with liquor licenses to advertise on-site alcohol sales,” Rodriguez said…
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