The impact of a circuit court judge’s gavel declaring a wet/dry vote on alcohol sales in Cedar Bluff unconstitutional could reverberate throughout Alabama.
On Oct. 20 the Cherokee County Circuit Court issued an answer to a hotly debated alcohol referendum when Circuit Judge David A. Rains ruled the Aug. 12 vote to sell alcohol in the town of Cedar Bluff unconstitutional.
Cedar Bluff is in a county that does not allow the sale of alcohol.
A bill allowing Cedar Bluff to hold the election is in conflict with state law, said Dan Ireland, executive director of Alabama Citizens Action Program.
The Citizens Caring for Children (CCC) and Carl Green, chairman of CCC, initiated a lawsuit against the town of Cedar Bluff and Bob Davis, mayor of Cedar Bluff about the conflict after the vote. Rains heard the case Sept. 26.
Linda Pickelsimer, secretary/treasurer of CCC, said the reason the election happened in the first place came from a special act of the Alabama Legislature. Senate Bill 350, which passed in the summer of 2003, lowered the population restriction for towns in Cherokee County to have a wet/dry referendum. What was a 7,000 minimum population requirement was changed to allow a wet/dry vote in a city within Cherokee County with no fewer than 1,300 but no more than 1,500. Cedar Bluff is the only town in that county falling within that population range, which led CCC members and others to believe the bill was written specifically for Cedar Bluff.
“We are obviously pleased with the judge’s decision in this case,” Green said. “The judge based his decision on the law and our constitution rather than emotion. This case has been difficult for all of the citizens of Cedar Bluff and all the citizens of Cherokee County,” he said.
Ireland said Rains’ ruling in the Cedar Bluff case is important, because if it is appealed and makes it to the Alabama Supreme Court and is ruled unconstitutional there, it would apply across Alabama.
Unconstitutional law
“It’s important to the state — not just Alabama Baptists — because they have tried to implement a law that is unconstitutional, and right now two other places in Alabama could be affected,” Ireland said.
Those two places are Monroeville in Monroe County and Jackson in Clarke County. Legislators passed two bills in the last special session of 2003 to lower the population requirement from 7,000 to 5,000 specifically to enable a wet/dry vote in those towns, according to Ireland. The bills were sponsored by Sen. Pat Lindsey. Both towns are in his district.
“The plan is to legalize the sale of alcohol,” Ireland said.
“To the best of my knowledge no petitions are circulating now, but we are preparing to oppose the referendum if it is forthcoming, said Tim Huie, pastor of First Baptist Church, Jackson, on Oct. 29.
“It is my understanding that they [proponents of a referendum] would have to circulate a petition and get 25 percent of the registered voters who voted in Jackson’s last election to sign it. Once that petition is certified, then a date would be set for the vote,” he said.
Clarke Association director of missions (DOM) Jack Wright said, “I’m sure petitions are circulating — I have no concrete knowledge of any, but I know the people here who have been trying to get this passed for at least the last 25 years, and I know their determination.”
Wright, who begins his 36th year as Clarke Association DOM in January, said countywide wet/dry votes have occurred in Clarke County at least four times since 1972, but none passed. In 1972 Citizens for Moral Responsibility, of which Wright is chairman, formed to help oppose alcohol sales.
“The legislation under which they would be allowed to vote would be as unconstitutional as the Cedar Bluff legislation, because like the Cedar Bluff situation the law is in conflict with the general law of Alabama,” Ireland said.
The next step is that the mayor and Cedar Bluff could appeal Rains’ decision, but Ireland said Oct. 29 he knew of no appeals.
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