Thursday, January 28, 2021

Court ruling lifts ban on beer to-go for CANarchy

Image credit: Deep Ellum Brewing Co.

Deep Ellum Brewing Co. may now sell beer to-go from its production facility in Dallas, this after a Texas federal court ruled in favor of its parent company, CANarchy, in a case challenging regulations put forth by the Texas Alcoholic Beverage Commission (TABC).

In September 2018, a law authorizing beer to-go sales in Texas for brewers with production below 225,000 barrels a year went into effect. However, breweries operating under the CANarchy umbrella were excluded from the new law due to collective-wide barrelage.

CANarchy challenged the ban, based on arguments of discrimination against interstate commerce and its reading of the text of the regulation. The federal court recently agreed with CANarchy’s reading, a ruling that will allow beer to-go sales moving forward. 

“We’re beyond excited that the court ruled in our favor," says Matt Fraser, president and COO of CANarchy. "This allows us to join our fellow craft brewers to get the freshest beer possible to our fans in package format to-go including cans and crowlers.”

CANarchy was represented by Austin-based attorneys, Cobb & Counsel, whose practice focuses on regulatory compliance and litigation. For more information on the case, click here to read a summary found on the firm's website.

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