Alabama Legislature approves 2 bills allowing more cities to have wet/dry vote

After the Alabama Supreme Court struck down a 2009 law in February that allowed small towns in the state to vote on alcohol sales, the state Legislature responded “in favor” of alcohol sales. It approved two bills March 12 to allow more than 30 cities and towns in dry counties to choose whether they go wet or dry.

Gov. Robert Bentley signed House Bill 72 (HB 72) and House Bill 73 (HB 73) into law the same day, which at least makes the law “properly written,” said Birmingham attorney Eric Johnston.

Written in response

Both bills were written in response to February’s ruling — HB 72 to defend the validity of smaller towns’ referendums and HB 73 to fix the disputed law itself.

The 2009 law had been amended to allow cities with a population of more than 1,000 residents to hold wet/dry referendums. However, the amendment excluded Blount, Randolph and Clay counties, something Johnston argued was a violation of the Equal Protection Clause of the 14th amendment and what led to the law being struck down.

HB 73 was initially introduced by Rep. Jimmy Martin, R-Clanton, to include municipalities of 500 residents or more — but was amended to keep the threshold at 1,000.

And although the law is “fixed” now, Joe Godfrey, executive director of Alabama Citizens Action Program (ALCAP), said, “We are disappointed that these bills passed and were signed into law, and that these communities can now legally sell … alcohol — a mind-altering and addictive drug.”

“The only hope for moving our culture away from its current obsession with alcohol and other drugs will be for churches to educate their own members and members of the community … about the addictive nature of alcohol and the danger it poses to families.”

Godfrey said ALCAP will continue to speak out about the expansion of alcohol sales in Alabama. The next “big battle,” he said, will be to try to stop the passage of Senate Bill 115, which calls for the privatization of all Alcoholic Beverage Control stores in the state.

Alabama is a “control state” which means it controls the retail sales of liquor, something Godfrey said leads to a lower consumption of liquor than privatized states.

“ALCAP wants to see low consumption continue in Alabama,” Godfrey said.