Tuesday, January 03, 2006

Vermont Enforces Unconstitutional Liquor Regulation

According to today's Rutland Herald, the state of Vermont continues to enforce a liquor control regulation that fairly clearly violates the Establishment Clause. Department of Liquor Control Regulation No. 35 provides that no liquor license may be granted for a premise within 200 feet of a church or school without the church or school's permission. In 1982, in Larkin v. Grendel's Den Inc. the U.S. Supreme Court held that a similar Massachusetts statute violates the 1st Amendment.