05/04/2024
I had court today.
Three and half years ago, during Beshear’s second round of lockdowns, I refused to close my restaurant in Lexington called Brewed.
As part of the process the state ABC board took away my alcohol license under a rule that states an establishment cannot create an unsafe premise. The law was originally instituted to deal with things like overcrowding, failure to hire security when needed, over serving, etc. Instead, the State was using it to rule that a virus had made my establishment unsafe to serve patrons in.
I appealed the decision, and the ABC board returned my malt beverage license to me as the case worked its way through the courts. We had an administrative hearing in 2021 and was able to present expert witnesses. During the hearing, the state epidemiologist admitted that according to what they now know, I was not creating an unsafe environment by staying open. They still argued I should be punished, because according to what they knew at the time I was causing an issue, and it was only luck that I ended up being correct. The Administrative Judge ruled in our favor.
In Kentucky, ABC has no requirements to follow the rulings of an Administrative Judge and they decided to take my license anyway. I appealed that decision into the actual court system. While my case has been in court, I tried to increase my malt beverage alcohol license to a poured liquor license in 2022. I was denied by ABC citing the pending case. My lease ran out at my old location and rent was going up 50%. Without the ability to sell poured liquor, we couldn’t afford the rent and set about to lease a new space in 2023. ABC informed me they wouldn’t issue a new license at my new location. For over a year my space has been closed to the public due to this pending court case and my restaurant has been unable to operate. If ABC succeeds in taking my license, I will lose my ability to own or operate an establishment that can sell alcohol for two years, and while the case is pending, I cannot own a business that sells alcohol. Punishment is the process.
Today the state ABC board was trying to get the case dismissed, arguing that since they closed my operation, I have no reason to fight the suspension. The Judge has not yet issued a ruling on their motion.
This is why I continue to fight any way I can today. This is why I ran for office. This is why I do my radio show/podcast. This is why I help candidates who are willing to fight for our Constitution. It matters and I know many people are fighting their own private battles all over with the government, just trying to protect our Rights.
I want to thank my attorneys and friends, Chris Weist and TJ Roberts. Without their legal representation and fight through all this, I wouldn’t have been able to keep carrying on.
