Good to see. For too long we have had to pretend that craft brewers are some weedy set of rotten businessmen who aren't really making a buck at their chosen profession obsession. As Andy notes, big craft beer selling out is great news. And so is this:
Flying Dog Brewery has filed a federal lawsuit in Grand Rapids asking that a judge override the commission's decision to reject labels for "Raging B----" beer and allow the brew to be advertised and sold in Michigan. "Regrettably, the Michigan Liquor Control Commission and its members have taken it upon themselves to control not merely alcoholic beverages, but speech as well," the Frederick, Md.-based brewery wrote in the lawsuit filed Friday. "Acting as a censorial board, defendants wield state authority to impose their personal tastes as a prior restraint against core First Amendment expression that happens to be placed on beer labels." Sharon Martin, director of the commission's licensing division, said the agency hadn't yet seen a copy of the lawsuit Monday but noted the panel can lawfully reject labels that are "deemed to promote violence, racism, sexism, intemperance or intoxication" or are found to be "detrimental to the health, safety or welfare of the general public."
Raging Bitch. The beer is called Raging Bitch. It's only sweary when you aren't talking about a female dog, oh prudes of the Chicago Tribune whose story I quote from above.
Brewers should sue over dumb regulation. We don't have "commercial freedom of expression" up here so the decision of out monopolistic overlords to ban a beer called "Smashbomb" does not offer up a similar opportunity here. Up here, all that is cited is social responsibility and the brand is banned from the shelves without recourse. Not so to our west in the northern Mid-west neghbours where justice may well have its way with namby pamby concerns over the "welfare of the general public." One to watch. Brewers acting like real grown up business folk. Good news.
Comments
Jeremy - March 28, 2011 11:42 PM
I have long wondered if LCBO/Beer Store policy would stand up to a NAFTA challenge, but most of the breweries with the funds to mount such a challenge are already in the system. The powers that be would likely make a public safety argument but I would be curious to hear the arguments for and against.
Tom - March 29, 2011 5:19 AM
Seriously? I am a big fan of sarcasm and all, but I am at something of a loss here. The name is sexist. Sure, you can defend it under free speech rules and all, but just because you can do something doesn't mean you should and it certainly doesn't make it a good idea. Maybe I am missing the thrust of your commentary, but Flying Dog's claims are insipid at best. And their behavior and response reminds me more of a 10 year old boy with a naughty new vocabulary word than a company interested in promoting a product. Not to mention the larger alienation to the other half of the craft beer population. As if craft beer wasn't misogynistic enough already.
Alan - March 29, 2011 8:40 AM
So,
1. you can't have a dog based theme for branding and use Hunter S. Thompson imagery to back that up for decades; or
2. you can have a dog based theme for branding and use Hunter S. Thompson imagery to back that up for decades but just ignore that dogs also come in "female" and the word for that is "bitch."
If you are saying that there is a door number 3, you have to now censor the Rolling Stones and Miles Davis and Dogfish Head, too. Seriously.
Tom - March 30, 2011 12:12 AM
Let me see if I understand you correctly: you are asserting that Flying Dog's interest is only in the literal meaning of the term, and that any figurative or connotative meaning is purely accidental and unintentional on their part--there is no secondary meaning being invoked, or no attempt to create word play in the name that goes beyond the literal definition of bitch as pertaining to a female dog.
Alan - March 30, 2011 8:16 AM
Well, Tom, I don't think I am interested in fisking myself. If you are offended, that it fine. But if you think I am the slightest bit interested in engaging at a level of "Seriously? I am a big fan of sarcasm and all..." you're missing another point. You have made your case and I trust you'll write about it more at your blog. You can look at the long range and history of Flying Dog's artwork and make your own call.
Alan - June 29, 2011 10:52 PM
The great state of Michigan bailed and authorized the sale of Raging Bitch.