U.S. Supreme Court Case: Can States Block Newcomers from Earning a Living?
Вставка
- Опубліковано 6 жов 2024
- Doug and Mary Ketchum moved to Tennessee so they could own and operate a mom-and-pop liquor store there. Doing so would enable them to meet their two main goals: earning a living and doing so in a way that gives them the flexible schedule they need to take care of their severely disabled and ailing daughter, Stacy. Moving from Utah was not merely a matter of choice for the Ketchums; the temperature inversion in Salt Lake’s valley caused one of Stacy’s lungs to collapse, making their move a matter of life and death.
And so they moved to Memphis to own and operate Kimbrough Towers Fine Wine, which would allow them to be available 24/7 for their daughter as she needed.
But the Tennessee Wine and Spirits Retailers Association-a lobbying arm representing the special interest of in-state liquor retailers-had different plans for the Ketchums. When it heard that the staff at the Tennessee Alcoholic Beverage Commission recommended the Ketchums be granted their retail liquor license, it threatened to sue the Commission for failing to enforce Tennessee’s liquor laws. In response, the Commission beat the Retailers Association to the punch, filing its own lawsuit and asking a court to declare whether Tennessee’s liquor laws were unconstitutional.
According to Tennessee’s law, to qualify for a retail liquor license, one must be a resident of Tennessee for at least two years; and to renew the license, applicants are required to have 10 years of in-state residency. The law blatantly discriminates in favor of in-state residents and against newcomers who move to Tennessee. So egregious are the violations, that even the Office of the Tennessee Attorney General declared the laws unconstitutional. Two federal courts-a trial court and a court of appeals-agreed.
The Ketchums’ case will be argued on January 16, 2018, before the U.S. Supreme Court. The Institute for Justice represents Doug and Mary Ketchum. IJ is fighting for their constitutional right to earn an honest living anywhere in America free from arbitrary and excessive government restrictions.
ij.org/case/te...
They won!!
June, 2019, Memphis newspaper:
“Mom and pop liquor store owners win battle against Tennessee residency rule
Owners of the Kimbrough liquor store in Midtown Memphis have won a U.S. Supreme Court case striking down a Tennessee residency requirement for retail liquor store operators.”
Congratulations... From Jenny an employee of Robert's Package Store in Humboldt Tn. Welcome, Sorry others caused you all grief! Everyone deserves an opportunity! Best Wishes...
8/18/19.....Just now came across this YT video....but I feel "involved" b/c my Granddaddy came from TN & I still have cousins there......
Plus I love TN "beverages"!
Congratulations on winning in court. I hope to drop in & visit/ purchase from y'all my next trip to TN.
I know your family will enjoy the weather & beauty & history of TN!
Hope your daughter's health improves quickly!
GOD BLESS THIS HARD-WORKING AMERICAN FAMILY!
The decision of the SCOTUS was 7-2. Who are to 2 idiots?
Found it: Thomas (of course) and Gorsuch. Couple of idiots.
@@jeanniemarkech351
Thanks for posting!
Our judicial system is a HUGE part of what's wrong with this nation.
Too often, one hears of ridiculous rulings. The judges / prosecutors responsible for the rulings tend to skate by unanimously.
I hear by officially declare bull scat on the matter.
We have to start naming there names & posting their pics
We should be able to move to any state in America and operate a business. We are all Americans no matter where we live. Bottle neck policies are un-American.
Institute for Justice is a very honorable organization, love these fine people.
Anyone want to bet that someone in the Tennessee Liquor Association wanted to buy that store before it sold to the newcomers, or are trying to buy it now? Deny them a license, and they will eventually run out of money and be forced to sell it cheap.
Please do update on this family after the court hearing 🤞
Only in America are we so free as to have to sue for each and every right clear up to the Supreme Court!
well, in most countries you indeed don't have that right...
@@jwenting ....in europe we dont have those stupid laws like in Tennesee and other states in your third world country
@@possiblymerciless4003 Yes you do. Someone from the UK stated it on a website I was reading.
Its call legalized monopoly, to snuff out competition!
Government at it's finest once again..
Let's just call this what it is - a RACKET, pure and simple!!
Dixie Mafi, Tennessee Taliban
Government licensing is the modern incarnation of the old guild system. Now just as hundreds of years ago, it is used to limit competition.
I was a liquor license paralegal for years. They have some specific requirements that vary by state, county and city.
They don't like newcomers? Or do they mean more specifically they don't like newcomers not from another southern state?
While they are waiting for the supreme courts ruling they should turn it into a museum, a passive aggressive museum with signs explaining the reasons it’s a liquor museum and not a service shop.
What a wonderful family, hopefully it works out for them even if they lose the case
Whatever happened to the american dream?
you mean the American dream of crippling government regulation and taxation, stifling SJW PC police, etc. etc.?
It's here.
Our government has turned the American dream into a nightmare.
@@bubbaramsey3732 sad but true
Yes , civil action is required
TN sucks...been there. Never will go back. I pray for this family caught up in this horrible state. Loosing money daily just trying to survive! 🙏
Isn't moonshine still made in Tennessee?
Love what IJ did for this couple. That is Constitutional freedom for the individual. Awesome work Anya Bidwell!
10 minutes or 10 generations, there should be NO difference in how the law treats you!
Freaking love you guys! Keep up the good fight!
ok buy the store and have s resident of then state have a license to run it for you
laws should be in favour of Americas and not newcomers but laws in favour of those who've just moved into the state from another US or former US state is plain wrong.
Never even heard of this B.S., this is ridiculous!
As a resident of Tennessee I know it's a bit belated but I want to welcome your family to the state almost everybody here are great people but you periodic encounter some who insist on being hateful and I'm so sorry you went through this but I'm also glad you were able to overcome it welcome!
Thank you for posting the outcome...
If the US department of labor enforces the rights of employees to work, why aren't they going after this BS?
you got to be a resident for TWO years for a ONE year licence and to RENEW the one year licence you need to be a resident for TEN YEARS -
a great help to the unemployment rate, two years unemployment / one-year work / SEVEN years unemployment
Retail Association commonly stop licence to stop COMPETITION - but it is an established business
Sounds like a racket and illegal B.S.
Definitely not the only case of this in Memphis, coffee shops run out of business, restaurants can't get supplies and even getting recycling in place.... corruption with the good ol' boys.
How is it competition when they are taking over an existing establishment? That's stupid.
I am glad they won, but the better question would be,"what if the "newcomers" were from a different country?" The Civil Rights Act of 1964 makes that illegal.
These policies are normal in America! Enjoy! Regulation made for a small group of power hungry greedy people!
Sadly the sale should have been contingent on licensing.
n June 26, 2019, the U.S. Supreme Court also agreed, holding Tennessee’s durational residency requirement for retail liquor licenses unconstitutional under the dormant Commerce Clause doctrine. The Court’s 7-2 opinion was a broadside indictment of economic protectionism. The states’ power to regulate alcohol, the Court held, “is not a license to impose all manner of protectionist restrictions on commerce in alcoholic beverages,” yet Tennessee’s law “blatantly favor[ed] the State’s residents” while having ”little relationship to public health and safety.” The Court’s decision represents a significant victory for the right to earn an honest living anywhere in America free from protectionist regulation.
Riddle me this: I move to a new state & want to also attend college there. Why do I have to meet a one year residency requirement before I can start paying the discounted in-state tuition rates? Oh, they'll let me attend now, but I would have to pay a higher out-of-state tuition rate. Even if I bought a house, the schools do not consider me a state resident until 12 months of continuous residency. This too seems as restrictive as what this couple is experiencing. Just saying.
Pearl Finney ah! interesting
Discounts are subsidized by residents as far as school is concerned.
Opening a store is not subsidized
Sadly, America is regressing, not progressing. The people won this time but there are many more examples of this happening everyday.
so wait .. say you move ther e.. live there 2 years .. get your license .. but then want to renew that license .. you cant cause you would have only lived there a total of 3 years .. HOW THE FUCK DOES THAT MAKE ANY SENSE ???
This is messed up. It sounds like the South doesn't want any Yankees coming down and driving them out of business. OK, I'm being snide but that is what it sounds like.
Ask them why they couldn't buy a wine and spirits in Utah?
Edmomd Schwab, they can't buy a liquor store in Utah because they are all owned by the state. I think this is wrong! I was being sarcastic.
Do they sue enough to make it hurt so bad to send a message to this and other types of associations and bureaucracies?
Tennessee Wine and Spirits Association. Sounds like a Union to me. A union of business owners but a union nonetheless. How can such socialism be tolerated in a Red state?
Capitalism is just Socialism for rich people and those in power
Dems
I've heard of suing for performance suing for remuneration suing for damages can we also sue for dissolution of the offending organization
good job IJ
Thank you for the path to followup 🌞
I feel the same about Tesla NOT being able to sell their EVs in many states because they do not use "auto dealerships". I live in Austin, TX where Tesla is building a huge EV factory that will employ tens of thousands of Texans with good paying jobs -- yet you cannot buy a new Tesla EV in Texas. The Texas Auto Dealerships Association blocks such sales by donating lots of money for the re-election campaigns of Republican politicians. I had to buy my new Tesla Model-Y in California and then reregister it in Texas after paying $4,000+ in taxes. This is just one of many reasons we need to vote ALL Republicans out of office ASAP.
but ev kults have destroyed our lives here in california. My boyfriend and I both worked at Tesla and were wrongfully terminated. They use shady temp agencies AND some stupid HR back ground check based in SINGAPORE even though we are the locals provided jobs they preach about. Even his boss there sold his tuck to my man.We just paid it off only to find out registration is $1,000. Don't be dooped by the EV world. Our neighbors drive $60,000 teslas not getting cheaper while my man's truck sit on the street because we STILL can't afford to get the engine repaired thanks to Tesla fan boys HATE. it has nothing to do with red politics.
The question I'd ask the association is, what harm is being done to you by them opening a liquor store?
Then why child support takes your license and your passport and tell you going to find a different job
They do that to students in Europe (UK)
Yes, the law was unconstitutional, but part of the problem comes from the government not obeying the law. The opinion of a state attorney general is not the law. They and anyone else who did not comply with the requirements of the law should not have gotten licenses until the law was changed, which it should have been. Most occupational licensing regulations are intended to protect existing licensees and not the consumer.
The liquor license in many states do all that crooked stuff!!
Many industries do this!!!
Fight Ketchum Family Fight. Kick their butts. Win.
A prime example of the good ole boy system
I don’t usually drink, but when I do I will buy from an American store like yours. The other ones have proven themselves as anti-American by their own actions.
Any drug we want to bring to your community is my right,, your right is to protect your children and yourselves from me!
I guess California doesn't have any laws like that. They even let their liquor licenses expire. Just ask the owner to show it to you.
sounds like the good ole boys need some lessons in economic policies that benefit the greater good and promote economic growth. oh wait what would a few greedy wealthy businessmen care about all that for??
Who is more likely to pull something like this dem or rup?
Thank you for LEAVING Utah..!
Why do you make a nasty stupid comment like that? You call yourself a patriot? You're anything but. You wouldn't know the meaning of patriot if George Washington handed you a dictionary.
That state is a pit of hell and corruption. You will likely get a license, however just make sure you sleep with one eye open and check for explosives under your car 3or 4 times a day. Hell, they'll come in and buy a bottle of cheap wine. Then give it to a drunk in exchange for beating you with a lead pipe.
Civil Rico?
Go back we don't like outsiders ruining our state
Ok, on this one, I kinda dont feel.for these guys, let's leave the right and wrong of the law to the side.
Who sells everything and buys a business without doing the due Diligence to ensure they can run said business.
According to the story they had actually checked and seen that the Attorney General had decided that those Clauses were unconstitutional and they were not being enforced. And they had found other instances where licenses were granted. So they actually did check before they moved. They couldn't actually file for the license most likely until they were resident and that's the point where the retail association stepped in and flexed its muscle
The government makes these laws to help those who contribute funds to them. Jesus told us this almost 2000 years ago. Luke 22:25, Jesus said to them, The rulers of the gentiles exercise lordship over them, and those who exercise authority over them are called benefactors (financial contributors
This shows that governments are not here to serve the people, but rather their bribes.
Here is another one for you from Psalm 94. What fellowship do you have with the throne of iniquity, who make laws that they might create mischief, and they gather themselves together and come after the soul of the righteous and shed innocent blood.
Governments are basically evil.
capitalism or crony capitalism?
One correction: there is no constitutional or human right to a decent income.
You've the right to make the best of it and work hard in the hope of having a decent income, but that income itself is not enshrined anywhere.
There is a lot wrong in your country
What is the difference between a state and a province? While circumstances are unfortunate I support the local Tennessee liquor retailers because I support the independence of states.
Knurlagn that doesnt correlate. blocking local competition has nothing to do with states except to create monopolies for other local big wigs. it is the local mafioso scheme to not allow anybody to trade in their hood. like they own our rights.
Republican State no doubt...
If youins ain't from around here.. then you needs to git outta here! Yankee go home!
All sarcasm aside, I do sincerely wish this family the best.
Lie-censes...
The south just being the south.
HA, thats funny. This kind of crap happens ALL OVER THE COUNTRY, including the north.....
I would have to strongly disagree. Being a transplant from Texas to NY I can confirm that the restrictions on businesses in NY are job killers to anyone trying to do an upstart. Its just another overreach by a State Government and that happens regardless of where you try to lay down roots in this Country. Some states are more business friendly. Damn, its ILLEGAL to pump your own gas in NJ. The Government overreach in the NorthEast is the massive property taxes, in Tennessee there is no income tax and cheap property taxes.
@@Voltzy70 As far as I know we don't have any restrictions like this in Az
Guns and alcohol are a State law, and as such should be respected. They left Utah to run a liquor store knowing very well the regulations of that State. Utah, where they moved from is a very strict State on alcohol as it’s State run only. Why expect anything different. The State of Tennessee is not saying they can’t have a liquor license. They have to wait the required time. Moving from Utah due to the health of their Daughter is incorrect and a lie. They could have moved up to a higher elevation in Utah. Using their daughter is disgraceful to run with this story. There is nothing honest about these people.
Armando Rua-Fernandez Doubt IJ.org would have taken the case otherwise. Have you forgotten the 14th Amendment? Or the Supremacy Clause in the body of the Constitution? Guns and alcohol ARE NOT EXCLUSIVE TO STATE JURISDICTION. How do you explain the FEDERAL agency known as the ATF? Give you a hint, the first letter stands for alcohol and the last stands for firearms. The issue here is PROTECTIONISM, no public good is served by denying licensing based SOLELY upon the number of years an owner has been a resident. What do you know about their circumstances (and how did you come to know it) to allege that these people are being dishonest in regards to their motives to move and buy in the first place? Just curious that you threw that out there when it really has nothing to do with the issue at hand.