Anchorage Breweries Win Right to Host Regular Live Entertainment

Key Takeaways:

• An Anchorage Superior Court judge has ruled against a state law that limited entertainment options for Alaska breweries, wineries, and meaderies.
• The decision allows breweries to host expressive entertainment such as live music, dancing, and karaoke without acquiring a permit from state regulators.
• The ruling is a significant victory for brewing establishments, musicians, and other entertainers who need places to perform.
• The decision comes during a difficult time for the industry, with rising costs and a decline in drinking contributing to the closure of several breweries and a meadery.
• The state law had provided new growth opportunities for breweries, but also contained limits that didn’t exist for bars or other venues.

Introduction to the Ruling
The Anchorage Superior Court’s decision is a significant win for Alaska breweries, wineries, and meaderies. Judge Adolf Zeman ruled that the state law, which limited entertainment options for these establishments, was unconstitutional. The law had restricted breweries to four permitted events a year, requiring a $100 permit, a trip to the local police department, and approval from the Alcohol and Marijuana Control Office. This limitation had put breweries at a disadvantage compared to bars and other establishments, which were not subject to the same restrictions.

The Impact on Breweries
The decision is a major victory for breweries, which can now host expressive entertainment such as live music, dancing, and karaoke without acquiring a permit. This will allow them to boost sales and provide a more vibrant atmosphere for their customers. Jason Davis of Sweetgale Meadworks & Cider House, one of the plaintiffs in the case, said that his business had never hosted musicians during its five years in operation due to the onerous permitting requirements. However, with the new ruling, he is already planning to line up musicians to perform at his establishment. Similarly, Steven Stead, co-owner of Grace Ridge Brewing Co., said that his brewery had declined to provide live music and other entertainment due to the permitting requirements, but now plans to offer special events and bring the community together.

The Legal Argument
The state had argued that the entertainment limits were enacted as part of a grand compromise between breweries, bars, and other establishments. However, Judge Zeman wrote that the Alaska Constitution affords its people greater First Amendment protections than the United States Constitution in this arena. He cited an Alaska Supreme Court case from 1982, which prohibited restricting forms of expression in places where liquor is sold. Zeman also wrote that the restrictions on activities and displays were not narrowly tailored to serve public health and safety, and that the state failed to present evidence establishing a connection between the restrictions and public health and safety.

The Exceptions
While the judge ruled in favor of the breweries on the entertainment restrictions, he did not entirely strike down the law. Restrictions on the hosting of organized games or tournaments, such as pool tables or dart games, can remain in the law, to the extent that they do not include speech and expressive conduct protected by the First Amendment. Additionally, closing times of 9 p.m. at brewing establishments and "pour limits" of 36 ounces for each customer will continue.

Conclusion
The Anchorage Superior Court’s decision is a significant victory for Alaska breweries, wineries, and meaderies. The ruling allows these establishments to host expressive entertainment without acquiring a permit, providing a much-needed boost to their businesses. The decision also recognizes the importance of free speech and expression in these establishments, and acknowledges that the state’s restrictions were not narrowly tailored to serve public health and safety. As the industry continues to face challenges, this ruling provides a welcome relief and a new opportunity for growth and development.