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Drys continue to target smaller wet municipalities Alabama Attorney General Troy King is seeking permission to intervene in a case challenging legalized alcohol sales in Cedar Bluff in dry Cherokee County. King's opposition to legalized sales in Cedar Bluff is clear from the motion and if legalized sales are overturned there, the next targets could be Jackson, Monroeville and Thomasville. Cedar Bluff in dry Cherokee County was the first municipality to vote on the wetdry question in 2003 under local legislation passed specifically for the town. A lopsided vote in 2003 legalized sales in the town. After Cedar Bluff's successful vote, Jackson, Monroeville and Thomasville had local legislation passed that enabled them to vote on the question and alcohol sales were overwhelmingly approved in each city. Clarke and Monroe are "dry" counties and prohibit alcohol sales. The local acts did not pass without opposition. A state law says that municipalities of 7,000 or more population in a dry county may hold municipal referendums to decide alcohol sales. State law, Constitution said at odds However, proponents turned to the 1901 State Constitution that gives the Alabama Legislature the right to enact local laws for municipalities regarding certain matters, including "regulating or prohibiting the liquor trade." The two sides are at odds over the definition of "regulate." Opponents say the word does not imply the approval of something that has not previously existed but proponents say it does, that one of the legal definitions is "to found, to create, to regulate." Cedar Bluff's wet status has been contested almost continuously since it was enacted in 2003. The most recent suit is by William Geral Greene of Cedar Bluff who filed suit against the Town of Cedar Bluff to stop "the sale and distribution of alcoholic beverages" there. Attorney General intervenes On Feb. 29, Alabama Attorney General Troy King filed a "Motion to Intervene" so that the court might hear from his office on the constitutionality of the local law that authorized a referendum. The motion argues that King has a right to be heard in any proceeding in which a "statute…is alleged to be unconstitutional." In this case, the motion states, "the Attorney General's interest lies specifically in ensuring strict adherence to the constitutional process for lawmaking in this state. The disposition of this lawsuit in the Town's favor would as a 'practical matter' impair the Attorney General's ability to protect that interest." The motion contends that Greene "can no longer adequately represent the interests of the State in this matter" and the Attorney General should be allowed to intervene. Eric Johnston of Birmingham is an attorney for Greene and the dry forces opposed to expanded alcohol sales. He said state law is being ignored. He said there have been court rulings and advisories that have stated such, including an opinion by the Alabama Supreme Court, but they have been circumvented or ignored. Indeed, at least one of the local enabling acts was prefaced with an acknowledgement that the Supreme Court had rendered an opinion to the contrary but the Legislature believed that the State Constitution empowered municipalities on the matter. Johnston said that Cedar Bluff was initially viewed as an isolated case that prohibitionists were willing to contend with but when local acts were passed to allow votes elsewhere they realized they must oppose the spread of alcohol into dry areas. Municipalities saw it as revenue producers but in actuality "it was an opportunity for the alcohol companies to find new markets," Johnston said. "The biggest issue is one of constitutionality," Johnston said. "The Legislature is doing something it shouldn't be [doing] and it is the principle of the matter." Thomasville Mayor Sheldon Day said he was not familiar with the details of the Cedar Bluff case but that Thomasville citizens did everything that was legally required for alcohol sales and the question passed overwhelmingly. "The Attorney General [even] looked at our election and the issue of signatures required to hold that election and ruled in favor of our city," he said. Jackson Mayor Richard Long said, "I have spoken with Alabama League of Municipalities lawyers and they state that the Alabama Legislature has the right to pass local option bills for municipalities in the state of Alabama." Day agreed with that assessment. "The Legislature has the right given by the Constitution to pass local legislation to allow elections on virtually any issue." Perry Roquemore, executive director of the Alabama League of Municipalities, said the case is being watched carefully. "Depending on the decision [made], it could have broad implications" for other municipalities, and not just on alcohol matters, he explained. Roquemore restated the provision in the 1901 constitution that gives municipalities certain regulation rights and he said the state association stands by those rights. Drys' attorney optimistic Johnston is optimistic that Attorney General King's involvement will help to move the case along quickly. He speculated that Cherokee County Circuit Judge David Rains, who has previously ruled against sales, will likely rule for the plaintiffs in the case and against Cedar Bluff. Johnston said the case would likely be appealed to the Alabama Supreme Court where Rains' decision would be upheld. Once that is done, separate filings would have to be done in Clarke and Monroe counties. It would be only a formality for local judges to review the law and the higher courts' decisions and to overturn liquor sales in the municipalities, he said.
Johnston said it was possibly that the Supreme Court could hear the matter by the end of the year. If it rules as he thinks it will, the acts in Clarke and Monroe counties could be overturned sometime early next year and fully dry statuses returned to the two counties.
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