Wishnow v. Texas Alcoholic Beverage Commission

Finding myself in disagreement with the other members of the Court, I record my respectful dissent. I would sustain appellant’s first three points of error and reverse the judgment of the district court.

While I express no opinion as to the culpability of Mr. Wishnow and I do not condone the violations alleged to have been committed by him, I believe the law should more specifically inform a permittee of the conduct which is proscribed by the Code and for which his permits may be cancelled or suspended. Accordingly, I would hold that §§ 11.61(b)(7) and 104.01(2) of the Alcoholic Beverage Code…