Two more North Texas brewers have again filed suit against the state of Texas, this time in an effort to allow direct sales from breweries.
The owners of Deep Ellum Brewing (later joined by Grapevine Craft Brewery) claim that the restriction on breweries from selling direct to the public for off-premise consumption (that is, selling packaged beer to go) is discriminatory and unconstitutional.
The restriction is part of the long-standing “three-tier” model of alcohol sales and distribution, a restriction that does not apply to wineries and distilleries. Texas brewers are currently mandated in scope by their state license, which divides brewers into distinct operations (e.g., package brewery versus brewpub) with exclusive rights, capacity limits and sales prohibitions for each.
The Texas Alcoholic Beverage Commission (TABC) is named as a defendant in this lawsuit.