Indianas Liquor Law: Is it Necessary - Essay Example

Reflection I chose the topic because I personally do not see the point of imposing a liquor ban past a certain hour and on Sundays. The liquor ban would not serve any definite purpose when there are already people drunk or drinking before the designated time of prohibition and when people can still buy their liquor outside Indiana on Sundays. Some of the provisions of the liquor law are also irrational and have no logical basis. More importantly, these laws are outdated. They need to be reviewed using current trends and standards in society. These laws ultimately do not serve public interest. I am also interested in this law because our legislators have not taken any moves to amend or repeal these laws. Although many citizens and interest groups have already pointed out the inanity of these laws, our legislators have not seriously taken notice of pleas from concerned citizens. This topic also interests me because this issue will ultimately raise various logical points of contention for those who favor and for those who disfavor the repeal of liquor laws. I am interested in finding out how these opposing sides would weigh and logically argue their points. It is a topic that straddles both moral and human laws because of its consequences and implications. I am the best person who can review and discuss this topic because I can objectively weigh the merits and demerits of this topic. I can extensively research the important points of this topic in order to enable an objective appraisal of liquor laws. I am interested in proving myself wrong or right during my research on this topic after critically analyzing various points offered by both advocates and opponents of liquor laws. Summary of Article 1 The article “Spirited Debate” by Evan West (2006, pp. 82-92) discusses how the Liquor laws in Indiana evolved throughout the years and how they came to be in effect in the first place. The article discusses how some retail outlets have circumvented the liquor laws of Indiana. These laws most often relate to the selling of liquor alongside other convenience items like milk and candies in large commercial outlets like Wal-mart. The liquor store owners, on the other hand are having a difficult time competing with these big retail outlets because they are being mandated by Indiana laws to comply with prohibitive laws on liquor. The first liquor laws were passed as early as the late 1700s in order to protect the people from the adverse effects of liquor. The trend of the laws that were passed in Indiana in the years that followed went down the same path as the first liquor prohibitive laws. These laws prohibited selling of liquor on Sundays, near state fairs, to habitual drunkards, and to minors. Liquor store owners suffer from limited sales because of the liquor laws; but the big retail outlets have managed to find loopholes in the liquor laws which now allow them to market liquor on a much larger and less prohibitive scale. Legislative lobbying to level the playing field has been made by liquor store owners, however, the legislators have not taken much notice of this issue. Liquor store owners are vehemently pointing out the unfair aspects of the Indiana liquor laws. They question the intent of the state in limiting their alcohol sale while allowing other retail outlets free reign in their alcohol sales. They also point out how some of the Indiana liquor laws are vague on some aspects of prohibition, effectively creating much confusion among the consumers and the liquor store owners (West, 2006, pp. 82-92). Summary of Article 2 In an article by Alex Davis in the Courier Journal, he outlines how the Sunday ban on liquor sales is affecting the sales and profits of Indiana liquor stores. New Year’s Day in 2007 had the unfortunate circumstance of falling on a Sunday. As a result, many customers lined up in nearby Louisville to purchase their liquor. Severe sales losses were suffered by many Indiana liquor shops which were prevented from selling liquor because of the Blue Sunday law. Supposedly one of the busiest times of the year – sales wise in the liquor department – has not been enjoyed by Indiana liquor owners because their state prevented them from selling liquor to customers. But, customers were not prohibited from purchasing much-needed liquor from nearby Kentucky. At present, about 95% of liquor sales in Louisville come from Indiana customers. Christmas Eve of 2006 presented a 50% increase in liquor sales for various liquor shops in Louisville, and most of these sales are credited to Indiana customers. Many residents express their opinions about Indiana liquor laws being outdated and how they should be updated in order to keep liquor sales within their own state. Many Indiana businessmen attest to an immeasurable loss in sales taxes because of the Sunday liquor ban. And states bordering Indiana have made the most out of Indiana’s liquor ban. Even if Indiana liquor owners put up signs in their shops reminding customers to buy their liquor early, many customers still procrastinate and eventually end up buying their liquor in Louisville. Indiana’s liquor laws are also hurting its tourism industry because tourists mostly end up across the river to continue their carousing. However, the article also points out that not all residents share negative sentiments about the Sunday liquor ban. One resident remarked that the one-day ban will guarantee at least one night of the week of sobriety. They emphasize that this one-day liquor ban helps preserve the sanctity of their day of worship. Audience The audience for this paper will be legislators. They are the most appropriate and productive audience for this paper because they are the people who can ultimately do something about this issue. Their legislative powers can overturn or amend liquor laws resulting to less restrictive legal provisions covering alcohol sales and consumption. They are the best audience for this paper because they can objectively weigh the issue and consider all important points that are needed in order to make an informed decision about the issue. Legislators can also objectively consider all stakeholders concerned on this issue, giving all of them a chance to express their opinions and their estimation on possible legislative moves. This audience will be the chosen audience for this paper because they can also apply legitimate and orderly processes towards the settlement of this issue. Legislators have the scrutiny of the public on them, and this scrutiny will ultimately serve to ensure that these legislators will ‘do the right thing’ for the ultimate good of all stakeholders involved. Using any other audience for this paper will not serve any fruitful purpose because the amendment and creation of laws ultimately lies in the hands of the legislators. Interest groups like liquor store owners, conservative anti-liquor groups, or any other protagonists or antagonists on this issue would not serve as fruitful audiences for this issue because the discussions with them would only be moot and academic. Whatever arrangements and agreements that can be formulated with these stakeholders would still go through the legislative process. Even if these stakeholders will be convinced to collectively agree on a common direction for this issue, their collective agreement would still not hold water without the support of the legislative body. Claim Arguments and Questions Argument: Indiana’s Liquor Laws are not necessary Research Question: Are Indiana’s Liquor Laws Necessary? Do they serve a logical and beneficial purpose for the people? Are they effectively serving public interest? Do they need to be amended or repealed entirely? Pro: Indiana’s liquor laws are outdated Indiana’s liquor laws result to loss of profits and sales for Indiana liquor stores Indiana’s liquor laws do not effectively prevent liquor consumption during banned hours and days Indiana’s liquor laws need to be amended or repealed Indiana’s liquor laws are unreasonable Indiana’s laws do not serve public interests Con: Indiana’s liquor laws effectively prevent drunk-driving accidents Indiana’s liquor laws effectively keep the peace and order Indiana’s liquor laws effectively control liquor intake Indiana’s liquor laws ultimately serve public interests Indiana’s liquor laws help prevent crime Indiana’s laws effectively prevent minors from drinking alcohol Indiana’s Liquor Law: Is it Necessary? Introduction Indiana’s liquor laws have been a point of contention for various interest groups. Liquor store owners have taken issue with the prohibited sales of liquor on Sundays because of lost profit sales; other groups have been quite content with the one day of the week liquor ban. Indiana’s liquor laws have been based on provisions on prohibition that have been laid down decades ago. While other states in the U.S. have already amended their laws on prohibition, Indiana remains as one of the very few states imposing liquor prohibition laws. Various interest groups and stakeholders throw in their points on the issue at hand in the hope of being heard by legislators. This paper shall discuss Indiana’s liquor laws, why it should be maintained as it is, or why it should be amended in order to comply or be more in accordance with public interests. It shall objectively explore the pros and the cons of this issue in the hope of reaching an informed decision about this contentious topic. Narration Indiana’s liquor laws date back to the years of prohibition. The prohibition laws were repealed in 1933 and this amendment “ended the federal ban on alcohol and established today’s current system permitting the states to set their own alcoholic beverage laws” (PR Newswire, 2008). 76 years after the repeal of the prohibition laws, Indiana is still the only state in the country that prohibits the sale of cold beer by drug, grocery and convenience stores. It is also one among three states that prohibits retailers from selling liquor on Sunday; and yet it allows restaurants, taverns and sports and community events to sell liquor by the drink. Thousands of Hoosiers in Indiana have signed an online petition for Indiana legislators to support cold beer sales and Sunday sales of liquor by drug, grocery and convenience stores. These Hoosiers are hoping that Indiana’s liquor laws would be updated and would now be more in keeping with the needs of convenience shoppers. Their pleas have not been given serious consideration by legislators. Many conservative groups in Indiana also oppose the repeal and/or amendments of the laws on prohibition, favoring the limits imposed by the law. As of the moment, this issue has not made any solid strides towards legislation. Partition The issue at hand seeks to understand or to bring forth to the discussion table how Indiana’s liquor laws need to be revised or amended in order to be comply with the present needs of society. Some conservatives do not see the point of amending the laws on prohibition as they emphasize the benefits of the liquor laws in keeping residents sober and away from harmful behavior. The disputed issues in this topic would revolve around the monetary benefits that the repeal of the liquor laws would bring versus the moral and spiritual benefits that these laws are sustaining for the citizens of Indiana. The benefits to both sides have to be proven one way or another in order to settle the merits and demerits of this issue. Confirmation The liquor laws of Indiana are not necessary. They need to be repealed, or at the very least, be amended. Indiana’s liquor laws are outdated. These laws are a product of an era of lawlessness and prohibition in the early 1900s. They are also the product of interest groups (mostly composed of women and religious members) clamoring for temperance in the intake of alcohol (Blocker, et.al., 2003). These interest groups have experience some form of abuse or difficulty in life due to alcohol, hence, their sentiments against alcoholic beverages have been far from favorable. They took their sentiments to the streets and they eventually found protection in the hands of legislators who later penned the laws on prohibition. However, many other laws have currently been set in place in order to punish and deter lawlessness attributed to the effects of alcohol intoxication. The spirit of the liquor laws now lie in the people’s observance of other legal mandates on DUI, prohibition to minors, and such other alcohol-related provisions. The liquor laws are costing the Indiana businesses profits from liquor sales. States who allow liquor sales during Sundays and holidays are finding rich profit from liquor sales. Studies by the National Alcohol Beverage Control Association reveal that, liquor sells relatively well during most days of the week, even during times of economic crisis (Vergakis, 2009). The liquor industry is resilient and resistant to the effects of economic recession, hence is sure to produce profits for store owners regardless of the economic difficulties plaguing the nation. Economic analysts attest that states that eventually lift Sunday bans on alcohol eventually end up with about 5 to 8 percent increase in their annual profits. These profits eventually benefit the people because of larger tax revenues. By allowing drug, convenience, and grocery stores to sell alcohol, there will also be a healthier competition in the sale of liquor. Healthy competition will benefit the customers who will enjoy lower price ranges in liquor prices. Better profits from the sale of liquor during Sundays will also bring about more profit revenue to “cover grants for alcohol education and awareness programs” (Eyewitness News, 2008). Refutation The liquor laws of Indiana should be amended or repealed because many Indiana residents and tourists are not actually deterred from drinking by this law. Instead, they head across state lines to quench their ‘thirst’. But as they adopt this practice, they are handing over precious liquor sales profits to nearby states. Customers would also more likely purchase other items in these stores. They would not stroll into a convenience store to purchase only a 6-pack; in the end, they end up purchasing many more items in these convenience stores. Conservative groups who point out that the liquor laws would help promote sobriety and temperance cannot insist on this point when many Indiana residents who want to drink on Sundays will still drive across the state to buy liquor. Moreover, bars are still open on Sundays and are allowed to sell liquor (Wink, 2008). Consequently, the bottom line that the law wants to attain – which is sobriety – cannot be attained because there are ways for customers to circumvent the provisions of the liquor law. Blue Sunday laws, which have been set in place in order to protect the Lord’s Day is an illogical imposition on the people. In essence, they are violations of the basic rights and liberties of the people and they ignore the separation of the church and state (Finer, 2004). The first amendment calls for no law protecting religion or the practice of religion. And yet, this Indiana liquor law protects the puritanical churchgoers in their religious deference to their God. This is certainly an unconscionable provision when we consider the fact that not all religions consider Sunday their day of worship. And if this strict interpretation of the day of worship is to be followed and respected, this liquor law in fact discriminates against other religions that choose to honor another day of the week as their ‘holy’ day. Conclusion The Indiana liquor laws are not necessary, and therefore they should be repealed or, at the very least, be amended. They are outdated and do not anymore meet the needs of the public in general. Their provisions date back to the years of prohibition when lawlessness in society was credited to liquor and alcohol intoxication. But, at present, violations of law credited to alcohol use and abuse are already in effect. This makes the Indiana liquor laws redundant and superfluous. The Indiana liquor laws do not effectively deter people from imbibing liquor during Sundays and prohibited hours. They instead cross state lines to purchase liquor from nearby states that do not have prohibitive laws on the purchase of liquor. As a result, liquor is still consumed, no matter the day of the week, but the profit of such ventures are not felt by Indiana liquor store owners. Lost profits from prohibited Sunday liquor sales convert to thousands of dollars gained by states adjacent to Indiana. These profits would have converted to programs and services that would benefit the people in Indiana. Indiana liquor laws are provisions that are essentially unconstitutional and they violate the basic rights of the people. They protect the interests of Sunday churchgoers to the detriment of other citizens who choose not to practice any religion and those who choose to practice their religion on another day of the week. Works Cited 75th Anniversary of Prohibition's Repeal Reminds Us of Indiana's Antiquated Alcohol Laws. (4 December 2008) Article Archives. Retrieved 26 June 2009 from http://www.articlearchives.com/food-beverage/food-beverage-regulation-policy-liquor/2227730-1.html Blocker, J. (2003) Alcohol and temperance in modern history. California: ABC-CLIO, Inc. Davis, A. (31 December 2006) Indiana liquor stored end year dry. Indiana Licensed Beverage Association. Retrieved 26 June 2009 from http://www.indianalba.com/newsarticles/Louisville%20Courrier-Journal%2012-31-06.pdf Finer, J. (4 December 2004) Old Blue Laws are hitting red lights. Washington Post. Retrieved 27 June 2009 from http://www.washingtonpost.com/wp-dyn/articles/A33552-2004Dec3.html Grassroots effort calling for Sunday Alcohol Sales (8 August 2008) Inside Indiana Business. Retrieved 27 June 2009 from http://www.insideindianabusiness.com/newsitem.asp?ID=30878 Site petitions for Sunday liquor sales (18 August 2008) Eye Witness News. Retrieved 27 June 2009 from http://www.wthr.com/global/story.asp?s=8809233 Vergakis, B. (15 February 2009) States look to liquor for economic shot. Washington Times. Retrieved 27 June 2009 from http://www.washingtontimes.com/news/2009/feb/15/states-look-booze-shots-economy/ West, E. (February 2006) Spirited Debate. Indianapolis Monthly. Emmis Communications. Wink, L. (23 December 2008) Groups push to change law over alcohol sales. The News Dispatch. Retrieved 26 June 2009 from http://thenewsdispatch.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=19850&TM=40831.09 Read More