02-12-2012, 08:28 PM
(02-12-2012, 07:52 PM)username Wrote: No, I don't believe they have a right to sue. That's capitalism at its finest!
The policing issue is a whole 'nother story. I read about it briefly...
The lack of enforcement is a separate issue from whether or not those stores have the right to sell beer. They do.
Quote snipped so nobody yells "trim your quotes bitch!".
In regards to the lawsuit, I think it's bunk. Some members of the tribes created a black market for a product that is perfectly legal to sell, in any quantity, by the liquor store owners, regardless of the fact that it's not legal to consume on much of the tribal land. I agree that it's primarily an enforcement issue, assuming the vast consumption is done on tribal land which prohibits it.
When this goes to court, the tribal attorneys could make a stronger case against the liquor store owners than the beer manufacturers, in my opinion. But those store owners don't have nearly as deep pockets. I don't think either the store owners or the manufacturers are liable, but it will be interesting to see how this plays out. I bet the attorneys will compare the liquor store owners to doctors who prescribe prescriptions pills in mass quantities. While the pills are legal to prescribe, some doctors are being successfully prosecuted and/or sued in a civil court for over-distribution when they should have known better. Of course, store owners don't have the duty to save lives, but I can see some analogies being used in a court case.
I don't see how the beer manufacturers can successfully be sued. I don't think (?) gun manufacturers or pharmaceutical companies have been successfully prosecuted/sued, though I know it's been attempted. The tribal attorneys probably hope the beer manufacturers will settle out of court. I dont' think they will; opens way too many doors.
I still wonder if alcohol wasn't banned altogether whether the problems would be better or worse. If the tribal police or BIA were more strict about enforcing laws prohibiting alcohol consumption on tribal land, how much of a difference would it make - how much is being consumed elsewhere anyway? IDK. Just wondering.