The department determined that although state regulations bar alcohol advertising with images that might entice kids, including images associated with Santa Claus, the regulations do not apply to beer labels….
At a compliance hearing before a state liquor commissioner last month, a lawyer for the distributor argued the state would be violating the distributor’s free speech rights by banning the labels. Protecting Santa Claus also violates the Constitution’s establishment clause, which prohibits government endorsement or disapproval of religion, she argued.
The state Department of Consumer Protection ordered a formal hearing for Nov. 22 before the state Liquor Control Commission.
The hearing was canceled on Tuesday and a ruling was issued in favor of Shelton Brothers.
Interesting how they turned it into a Constitutional issue on the separation of church and state… I didn’t know Santa Claus was that overt a religious force. That would have set some interesting precedents had it gone to court.
But after all that, the best part is the punchline: "Shelton said he is not sure when Seriously Bad Elf might make it to Connecticut store shelves."