Still have prohibition in the south? Are Dry Counties Legal?

[Krazyskooter]

I live in a county in MS that is considered "Dry" however a city in this county is considered "Wet" you can buy beer there. Here's the problem, You can buy your beer in the city but if you get caught with it outside the city you can be arrested. So, since the country is no longer under prohibition of alcohol, is this actually legal?

 

[lrkun]

Re: Still have prohibition in the south? Are Dry Counties Le

I live in a county in MS that is considered "Dry" however a city in this county is considered "Wet" you can buy beer there. Here's the problem, You can buy your beer in the city but if you get caught with it outside the city you can be arrested. So, since the country is no longer under prohibition of alcohol, is this actually legal?

I doubt we're allowed to give legal advice here, especially since we don't know what county your from or the specific provision of law which bans the act in question nor can we give advice with respect to the repealed law. However, some of our forum members might give their take on the matter.

 

[Krazyskooter]

Re: Still have prohibition in the south? Are Dry Counties Le

I'd like to hear what everyone thinks about the topic. Since this is the Law section, anyone who is knowledgeable about the subject feel free to correct me if I'm wrong. I just was wondering why such restrictions can be placed on a legal substance? There aren't any laws against tobacco in this area so whats up with alcohol?

 

[lrkun]

Re: Still have prohibition in the south? Are Dry Counties Le

I'd like to hear what everyone thinks about the topic. Since this is the Law section, anyone who is knowledgeable about the subject feel free to correct me if I'm wrong. I just was wondering why such restrictions can be placed on a legal substance? There aren't any laws against tobacco in this area so whats up with alcohol?

I see. Well, if you wish to discuss the topic, please state the county and the specific law. Or do you mean to say, the laws of other counties? Because some laws only apply at a specific jurisdiction and they might differ from other areas. In short, we need a reference point.

 

[Krazyskooter]

Re: Still have prohibition in the south? Are Dry Counties Le

Covington County, MS. *Let me find the law and I'll get back to you*

Also, My point is that I find the whole Idea of having dry counties as being wrong. The local stores that can sell beer also have to stop selling it at 12:00am Sunday morning which showing favoritism to the churches. I would like to open a Bar and Grill here, is there any way to show that these laws are unconstitutional?

 

[lrkun]

Re: Still have prohibition in the south? Are Dry Counties Le

I don't know if this is accurate (up to date) but here is a reference point related to your county. http://en.wikipedia.org/wiki/List_of_alcohol_laws_of_the_United_States_by_state

Local ordinance may vote to permit Sunday sales at restaurants. Sales from 2-4 a.m. only in Louisville. As of 2005 Sunday sales were allowed per state law, but may still be prohibited in some areas by local ordinance (as of early 2006, such a situation existed with smaller cities within Louisville Metro, though these cities have since changed local ordinances).

Alcohol sale restriction and wet/dry (both by drink and package) allowed by both county and city local option. Approximately 53 counties in the state (mostly eastern and southern counties) are dry, all alcohol sale and possession prohibited; 16 "moist" counties (with "wet" cities allowing package liquor sales in counties otherwise dry); 21 counties that are otherwise dry but have communities with local option that allow sales of liquor by the drink or under special exemptions allowing sales at wineries. Majority of wet counties around major metropolitan areas in state (Louisville, Lexington, Covington, Owensboro, Paducah).

 

[Krazyskooter]

Re: Still have prohibition in the south? Are Dry Counties Le

Irkun, what's your opinion of the "Wet", "Dry", and "Moist" laws?

 

[lrkun]

Re: Still have prohibition in the south? Are Dry Counties Le

Irkun, what's your opinion of the "Wet", "Dry", and "Moist" laws?

My only opinion on those existing laws is that it is not my place to judge whether it is correct or incorrect. There must have been a need for those laws if they exist.

For purposes of definition:

A moist county is a county on the "middle ground" between a dry county (where the sale of alcoholic beverages is prohibited) and a wet county (where alcohol is sold). The term is typically used as a generalization for a county that allows alcohol to be sold in certain situations, but has limitations on alcohol sales that a normal wet county wouldn't have. Some historically dry counties are switching to this system to avoid losing money to businesses in other counties, but do not wish to become completely "wet." The term in itself doesn't have any specific meaning, just that the county isn't completely wet but isn't dry. Each county makes up its own rules on alcohol sales.

A dry county that contains one or more wet cities is typically called moist.

 

[lrkun]

Re: Still have prohibition in the south? Are Dry Counties Le

Covington County, MS. *Let me find the law and I'll get back to you*

Also, My point is that I find the whole Idea of having dry counties as being wrong. The local stores that can sell beer also have to stop selling it at 12:00am Sunday morning which showing favoritism to the churches. I would like to open a Bar and Grill here, is there any way to show that these laws are unconstitutional?

I can't give advice on this issue. It's something you have to discuss with a lawyer of your own locality. Sorry mate.

 

[RichardMNixon]

Re: Still have prohibition in the south? Are Dry Counties Le

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

The 21st Amendment doesn't guarantee your right to buy beer, it removes a previous amendment that prevented you from buying beer. Section 2 is in legalese, but I believe it's saying booze is still illegal if your local government says it is, the feds just aren't involved anymore.