LITTLE ROCK – A case heading to Arkansas’ highest court this week could determine whether the state’s voters can decide to expand alcohol sales throughout the state. It could also determine whether a proposal to raise the minimum wage also remains on the ballot.
The Arkansas Supreme Court is set to hear arguments Thursday over the lawsuit challenging the proposal, which would legalize alcohol sales in all 75 Arkansas counties. Currently, 37 of the state’s counties are “dry.”
Here’s what to know about the alcohol sales measure, and the case pending before the court:
THE PROPOSAL
The proposed constitutional amendment by Let Arkansas Decide would make the “manufacture, sale, distribution and transportation” of alcohol legal within every county in Arkansas. Currently, counties have to hold special elections to decide whether to legalize alcohol sales.
Calling those elections requires signatures from at least 38 percent of registered voters in a county, a threshold that supporters of the proposed alcohol amendment say is too high. Supporters say the proposal would expand tax revenue in dry counties, while opponents argue that it would remove local control in deciding whether to allow alcohol sales.
THE LAWSUIT
Citizens for Local Rights, a group opposed to the alcohol measure, is suing to have the proposal removed from the Nov. 4 ballot. The group argues the state used the wrong deadline to accept petitions for the proposal. The group argued that the original submission of petition signatures on July 7 failed to meet a July 4 deadline to be submitted at least four months before the election, as required by state constitution.
Supporters of the alcohol measure noted that state offices were closed on July 4, and that it’s common practice for a deadline to be extended to the next business day if it falls on a holiday. This year, the next business day after the Independence Day holiday was Monday, July 7.
The lawsuit also argues that the proposal doesn’t fully explain to voters its implications. For example, the group argues the current prohibition on liquor stores being located within 1,000 feet of a church or school would be effectively abolished by the proposed constitutional amendment.
Supporters note that the proposal specifically allows the Legislature to regulate alcohol sales. The group also noted that the proposal, if approved, would not take effect until July 1, 2015 – which would give the Legislature time to approve any additional regulations. Legislators open their session in January.
THE IMPLICATIONS
The court’s ruling could also determine the future of another measure on the November ballot. Supporters of a proposed initiated act to gradually raise Arkansas’ minimum wage submitted their signatures on July 7, the same date that’s being challenged in this case.
The minimum wage measure is being challenged in a separate lawsuit before the court that also accuses the state of using the wrong deadline.
HOW TO WATCH
Oral arguments are open to the public at the Justice Building near the state Capitol, but there’s limited seating. You can also watch a livestream of the arguments online here.
(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, rewritten, broadcast or distributed.)
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