Adams v. Department of Law Enforcement

From the majority’s affirmance of our state liquor licensing system, I must again respectfully dissent. As I stated six years ago in my dissent in State v. Cantrell, 94 Idaho 653, 496 P.2d 276 (1972), the classification system contained in I.C. § 23-903 and I.C. § 23-948 violates the equal protection clauses of the United States and Idaho Constitutions. U.S.Const. amend. XIV; Idaho Const, art. 1, § 13.

Equal protection of the laws is something more than an abstract right. It is a command which the State must respect, the benefits of which every person may demand. Not the least merit of our…