Legal Opinion

Wine & Spirits Retailers, Inc. v. Rhode Island & Providence Plantations

District Court, D. Rhode Island

Decided April 8, 2005No. 04-418-TPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

TORRES, Chief Judge.

Wine & Spirits Retailers, Inc. (W & S) brought this action to declare unconstitutional a Rhode Island statute prohibiting the retail sale of alcoholic beverages by chain stores and/or franchise businesses. The case, presently, is before this Court for consideration of W & S’s request for a preliminary injunction prohibiting the State from enforcing the statute.

The issue presented is whether the statute violates W & S’s First Amendment right to freedom of speech or its Fourteenth Amendment right to equal protection. After an evidentiary hearing and for…

2Cases cited28 opinions

  1. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  4. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  5. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989

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3Cited by4 opinions

  1. Wine & Spirits Retailers, Inc. v. Rhode IslandCourt of Appeals for the First Circuit · 2005
  2. Association of Community Organizations for Reform Now v. Town of East Greenwich Ex Rel. Town Council MembersDistrict Court, D. Rhode Island · 2006
  3. McCurry v. Alcoholic Beverage Control Division of ArkansasDistrict Court, E.D. Arkansas · 2014
  4. Peoples Liquor v. Dept. of Bus. Reg.Superior Court of Rhode Island · 2007

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