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Texas Judge Finds Prohibition on Brand Rights Payments Unconstitutional

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State & Regulatory Affairs Manager

Pete Johnson serves as the State & Regulatory Affairs Manager for the Brewers Association (BA). He joined the BA at its inception in 2005, having previously worked as Programs Director for the Brewers Association of America. Before coming to the small brewing industry in 2001, Pete worked for 14 years with both state and federal elected officials in Pennsylvania and Washington, D.C.

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A provision in the Texas beer franchise law prohibiting a brewer from accepting a payment in exchange for a grant of territorial distribution rights has been struck down as the result of a 2014 suit brought against the Texas Alcoholic Beverage Commission (TABC) by Live Oak Brewing Company, Revolver Brewing and Peticolas Brewing Company. The District Court found that the prohibition violated the Texas Constitution’s Due Course of Law provision which is akin to the US Constitution’s Due Process Clause.

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Link to author biography
State & Regulatory Affairs Manager

Pete Johnson serves as the State & Regulatory Affairs Manager for the Brewers Association (BA). He joined the BA at its inception in 2005, having previously worked as Programs Director for the Brewers Association of America. Before coming to the small brewing industry in 2001, Pete worked for 14 years with both state and federal elected officials in Pennsylvania and Washington, D.C.

See Pete Johnson's Articles