Flying Dog just posted an update on Facebook regarding their lawsuit against the MLCC:
Update on our Federal Lawsuit Against Michigan Liquor Control Commissionby Flying Dog Brewery on Monday, May 2, 2011 at 3:24pm
We furthered our fight for our First Amendment Rights in Michigan by filing for a motion for preliminary injunction — a request for the court to allow our Raging Bitch Belgian-Style IPA to be sold while the case is pending. The 34-page motion outlines the arguments and case against the recent Michigan Liquor Control Commission ruling, which banned the sale of our best-selling beer, Raging Bitch, in the state.
The first hearing on the case is set for June 8 at 4 pm in the U.S. District of Western Michigan in Grand Rapids. Both Flying Dog attorney Alan Gura and CEO Jim Caruso will be present. According to court documents, “the purpose of the scheduling conference is to review the joint status report and to explore methods of expediting the disposition of the action.”
With the support of the Center for the Defense of Free Enterprise, we filed suit in U.S. District Court on March 25 to overturn the Michigan Liquor Control Commission’s ban on Raging Bitch. The suit also seeks to recover damages from the loss of sales under the statewide ban, which the Commission issued based on its members’ personal distaste for Raging Bitch’s labeling.
The brouhaha began in September 2009, when we applied for a license to sell Raging Bitch, our 20th anniversary commemorative beer, in the state of Michigan. The Michigan Liquor Control Commission barred the sale of Raging Bitch, claiming that the beer’s label — designed by renowned British artist Ralph Steadman — is “detrimental to the public health, safety and welfare.”