Tribe Sues Beer Companies

[Guest Peeves]

Canada has it's own addiction problems on our reserves. Maybe this will get some attention?

http://slatest.slate.com/posts/2012/02/10/tribe_sues_beer_companies_for_alcoholism_on_reservation.html?from=rss/&wpisrc=newsletter_slatest

Excerpt.

The reservation, which is about the size of Connecticut, has dealt with poverty and alcoholism for decades. One in four children born suffers from fetal alcohol syndrome, and the life expectancy, between 45 and and 52 years, is the lowest in the U.S, according to the San Francisco Chronicle. The average income on Pine Ridge is $27,300, and half the population lives below federal poverty standards.

[kimmy]

When I read the headline, I facepalmed. When I read the article, less so.

Rather than "Tribe Sues Beer Companies for Alcoholism on Reservation", the story actually sounds more like "Tribe Sues Beer Companies for Conspiring to Circumvent Reservation 'Dry County' Regulations."

I suspect it will be difficult for them to prove, but I am considerably more sympathetic to their position now that I know that this isn't a "man sues McDonalds because he's fat" type lawsuit.

-k

[CANADIEN]

When I read the headline, I facepalmed. When I read the article, less so.

Rather than "Tribe Sues Beer Companies for Alcoholism on Reservation", the story actually sounds more like "Tribe Sues Beer Companies for Conspiring to Circumvent Reservation 'Dry County' Regulations."

I suspect it will be difficult for them to prove, but I am considerably more sympathetic to their position now that I know that this isn't a "man sues McDonalds because he's fat" type lawsuit.

-k

I doubt think they have a legal point. I wish they did.

[Shady]

This lawsuit is the very definition of frivolous.

[punked]

This lawsuit is the very definition of frivolous.

And that is their right isn't it Shady?

Edited February 11, 2012 by punked

[Boges]

So will the sue Purell and Listerine next.

[Guest American Woman]

I doubt think they have a legal point. I wish they did.

If this is true, I think they do have a legal point:

The beer makers supplied the stores with "volumes of beer far in excess of an amount that could be sold in compliance with the laws of the state of Nebraska" and the tribe, tribal officials allege in the lawsuit.

Read more: http://www.foxnews.com/politics/2012/02/09/tribe-suing-beer-companies-for-alcohol-problems/#ixzz1m6GGWAlm

[Shady]

And that is their right isn't it Shady?

Absolutely.

If this is true, I think they do have a legal point:

The beer makers supplied the stores with "volumes of beer far in excess of an amount that could be sold in compliance with the laws of the state of Nebraska" and the tribe, tribal officials allege in the lawsuit.

Read more: http://www.foxnews.com/politics/2012/02/09/tribe-suing-beer-companies-for-alcohol-problems/#ixzz1m6GGWAlm

How is that a legal point? Are we seriously getting involved in the size of a businesse's inventory?

[Guest American Woman]

How is that a legal point? Are we seriously getting involved in the size of a businesse's inventory?

The "legal point" would be whether or not what they sold was in compliance with the laws of the state of Nebraska....

If they weren't in compliance with the laws, then it's a legal point. Hope that helps.

[Shady]

The "legal point" would be whether or not what they sold was in compliance with the laws of the state of Nebraska....

Which law? And how does it have anything to do with inventory?

[Guest American Woman]

Which law? And how does it have anything to do with inventory?

Are you purposely being obtuse?? The laws regarding the volume of beer that can be sold.

[Shady]

Are you purposely being obtuse?? The laws regarding the volume of beer that can be sold.

I didn't read any reference to an actual law. I did read a reference to the possibly passing something along those lines.

Regardless, it's going to be pretty difficult to prove that the large inventory wasn't a result of a high volume of sales from a high volume in demand.

[Shady]

Nebraska lawmakers have struggled for years to curb the problem, and are considering legislation this year

AW's link

[Guest American Woman]

I didn't read any reference to an actual law.

Which is why I clearly said "if this is true......"

IF.

Really Shady, try to respond according to what's said, ok?

[kimmy]

Regardless, it's going to be pretty difficult to prove that the large inventory wasn't a result of a high volume of sales from a high volume in demand.

Annual sales of 5 million cans of beer sounds pretty suspicious in a town with only ten residents...

-k

[Shady]

Which is why I clearly said "if this is true......"

IF.

Really Shady, try to respond according to what's said, ok?

That's what I'm trying to get at, the actual truth.

Annual sales of 5 million cans of beer sounds pretty suspicious in a town with only ten residents...

-k

I agree. It sounds almost impossible. There's no way that 10 people would have the income to purchase that much beer, let alone drink it.

I'm also confused as to why they're giving us statistics like 1 in 4 children suffer from fetal alcohol syndrome if there's only 10 people living in the town.

[Guest American Woman]

That's what I'm trying to get at, the actual truth.

The "actual truth" is exactly as I stated it. If you want to know more about the laws, then look into it.

I'm also confused as to why they're giving us statistics like 1 in 4 children suffer from fetal alcohol syndrome if there's only 10 people living in the town.

Because a lot of people live on the reservation - "which is about the size of Connecticut."

Edited February 11, 2012 by American Woman

[Shady]

Because a lot of people live on the reservation - "which is about the size of Connecticut."

Do you mean geographically the size of Connecticut, or population?

[kimmy]

I agree. It sounds almost impossible. There's no way that 10 people would have the income to purchase that much beer, let alone drink it.

I'm also confused as to why they're giving us statistics like 1 in 4 children suffer from fetal alcohol syndrome if there's only 10 people living in the town.

Shady, you knucklehead, read the articles.

The fetal alcohol syndrome statistic is for the Pine Ridge reservation, South Dakota, which has about 30,000 people and has banned alcohol to try to combat alcohol abuse and fetal alcohol syndrome.

The town with 10 people and 4 liquor stores is Whiteclay Nebraska, just across the border, outside the liquor ban. And it appears obvious that the only possible explanation for why a town of 10 people needs 5 million cans of beer a year is if they're providing the residents of Pine Ridge a way to circumvent the ban.

-k

[Shady]

Shady, you knucklehead, read the articles.

The fetal alcohol syndrome statistic is for the Pine Ridge reservation, South Dakota, which has about 30,000 people and has banned alcohol to try to combat alcohol abuse and fetal alcohol syndrome.

The town with 10 people and 4 liquor stores is Whiteclay Nebraska, just across the border, outside the liquor ban. And it appears obvious that the only possible explanation for why a town of 10 people needs 5 million cans of beer a year is if they're providing the residents of Pine Ridge a way to circumvent the ban.

-k

Sorry, there was two different links posted. I think I read one but not the other. In that case, either the law needs to be changed, or the reservation's going to have to do a better jobs of managing the contents of people leaving and coming into the resere. I don't really see any other way.

[Smallc]

I don't see the issue here that can stand up to a legal challenge.

[kimmy]

Whether the beer companies did anything *illegal* isn't really the issue. It's a lawsuit, not a criminal trial. The real question is whether they did anything *embarrassing* enough to make them want to settle this out of court.

I suspect that the beer companies are probably concerned that they might look bad when it becomes news that they have been dumping 5 million cans of beer a year into a town of 10 people that just happens to be 50 feet across the border from a reservation that has banned alcohol to combat epidemic fetal alcohol syndrome.

Legal or not, it looks like the epitome of corporations that just care about money and don't feel any social responsibility whatsoever. It'd be like Raytheon setting up a new rocket-launcher retail outlet in the West Bank.

-k

[dre]

I'm also confused

Yup.

[Shady]

Whether the beer companies did anything *illegal* isn't really the issue.

Well, the law certainly is a signficant portion of this issue. If there is no law broken, there isn't much of a lawsuit left.

It'd be like Raytheon setting up a new rocket-launcher retail outlet in the West Bank.

I don't quite agree with the analogy. Regardless, does anyone know if the stores referenced in the lawsuit are privately run stores, or are they run by Molson, Coors, etc? If they're not run by Molso, Coors, etc, shouldn't the stores themselves be the target of the lawsuit, and not the beer companies?

[Guest American Woman]

... does anyone know if the stores referenced in the lawsuit are privately run stores, or are they run by Molson, Coors, etc? If they're not run by Molso, Coors, etc, shouldn't the stores themselves be the target of the lawsuit, and not the beer companies?

The retailers are also included in the lawsuit, as are the distributors - but I tend to agree with you regarding the companies. Seems to me the retailers and distributors would be the ones responsible.

Edited to add:

In hearings before the Nebraska Legislature in the past, distributors have argued their contracts with brewers require them to sell all the beer they are supplied.

"If the brewers say that to their distributors, then they all deserve it," White said of including brewers in the lawsuit. "These guys have an obligation to control their distributors."

That explains why the brewers are included in the lawsuit.

Thomas Horton, a USD law professor who has a lengthy career litigating federal antitrust and civil cases, said the tribe's case could have national significance.

And Horton knows the beer business. "I was the lead attorney on the Miller-Coors merger," he said.

"This sounds like a very interesting lawsuit that is going to have some legs," Horton said. "I would think the tribe's jurisdiction over alcohol sales is protected, and this sounds like a scheme to circumvent that.

"I imagine this is going to be a spectacular battle."

link

Edited February 12, 2012 by American Woman