Maine Civil Liberties Union Challenges State Censorship of Artistic Beer Labels (11/30/2006)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.orgLabels Featuring
Santa Clause and Famed French Painting Deemed "Improper"PORTLAND,
ME - The Maine Civil Liberties Union today filed legal papers challenging the
state's refusal to issue permits to a beer distributor because their labels were
deemed "undignified or improper." One beer features Santa Claus on its
label, while another features a well-known French painting that hangs in the
Louvre.
"There is no good reason for the state to censor art, even
art found on a beer label," said Zachary Heiden, a staff attorney with the MCLU.
"Artistic expression is entitled to the highest level of protection under the
First Amendment."
The three labels at issue are each entitled to
First Amendment protection, the ACLU said. "Santa's Butt Winter Porter" is
illustrated with Santa Claus sitting on a large barrel (also called a "butt"),
and humor is a protected form of expression. "Les Sans Culottes" is
illustrated with a detail from Eugene Delacroix's painting "Liberty Leading the
People," which hangs in the Louvre and was used on France's 100 Franc
note. "Rose de Gambrinus" is illustrated with a watercolor painting that
was specifically commissioned by the Belgian brewery that produces it. The
labels for "Les Sans Culottes" and "Rose de Gambrinus" feature paintings of
bare-breasted women, but the paintings are artistic renderings no more salacious
than what is commonly seen in art museums, the ACLU said in legal papers.
The MCLU represents Shelton Brothers, a specialty beer distributor
that was refused permission to sell three beers.
"These
illustrations have been used on beer sold across the country," said Daniel
Shelton, the elder Shelton brother who works with small craft-breweries around
the world. "I can't imagine why Maine would object to Santa
Claus."
Maine law requires beer and liquor distributors to obtain a
Certificate of Approval and to register the labels with the Maine Bureau of
Liquor Enforcement. The Bureau ensures that labels are factually accurate:
displaying the correct ingredients and the proper volume, for example. The
Bureau also polices the illustrations used on the labels. That raises
First Amendment concerns because those illustrations have expressive value
distinct from the beer they advertise.
Under the 21st Amendment to
the U.S. Constitution, which repealed Prohibition, states have the power to
regulate the sale of alcohol within their borders. But, the U.S. Supreme
Court has made it clear that this power does not trump the First Amendment's
right to freedom of expression. In the case of Bad Frog Brewery v. New
York State Liquor Authority, the U.S. Court of Appeals for the Second Circuit
held that beer labels can be protected speech, especially when they have
artistic content. The New York Liquor Authority recently tried to ban the
label for "Santa's Butt Winter Porter" but backed down after a lawsuit was
filed.
"Freedom of expression is not just an abstract principle
-- it protects the books we read, the art we see, and the beer we drink,"
said Shenna Bellows, MCLU Executive Director. "The MCLU hopes that the
case can be resolved quickly, and that 'Santa's Butt Winter Porter' will be
available in Maine by Christmas."
Mr. Shelton is represented by MCLU Legal Panel Chair Richard
O'Meara, of Murray Plumb and Murray.
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