In Feb. 12 issueBy John ThompsonNews-Register Reporter
The law office of Bertram & Wilson filed a motion Wednesday with the United States District Court in Bowling Green against the Kentucky Department of Alcoholic Beverage Control, the Commonwealth of Kentucky seeking relief in the case of the "moist" alcohol local option election that took place in November 2009.
The motion asks the court to reconsider ruling on the motion, saying it was "contrary to law" when Special Judge Julia Adams entered a final judgment on the case in March 2010.
In a ruling last year, Adams said the Lake Precinct and Jamestown Precinct were not territories under a relevant provision of the Kentucky Constitution, and therefore could not hold local option elections.
The suit also asks for reconsideration of the Kentucky Court of Appeals who "arbitrarily and capriciously" sided with the Adams ruling without citing case law to substantiate the decision.
A further step was taken by requesting a discretionary review in the Kentucky Supreme Court. That request for review was denied.
The suit, filed by Attorneys Robert L. Bertram and Derrick G. Helm represents the interest of Gregory K. Shaw, Floyd Back, and Dr. Vijay Jain against Commissioner Tony Dehner of the Kentucky Department of Alcoholic Beverage Control, Kentucky Attorney General Jack Conway, Thomas H. Skaggs and Tony Salyers.
The dispute stems from a controversial ballot measure in which residents of the city of Jamestown, the Lake Precinct and the Jamestown Precinct were asked to vote on the limited sales of alcohol to establishments with a minimum seating of 100 that derived a minimum of 70 percent of its revenue from food sales.
Over the year and a half since the controversial vote many issues have been raised and debated in the courts; questions over whether the wording on the ballot was acceptable per Kentucky Statutes or had been altered in ways that significantly strayed from what was mandated; questions about the efficacy of a voting measure in which depending on residence, allowed voters to vote once or twice on the ballot measure; and whether voting restrictions within the county did not offer other citizens within the county the right of representation.
Proponents of limited alcohol sales contend that procedures for putting the ballot measure to vote were followed but that voter's wishes are not being honored.
They also see the sale of alcohol as holding huge potential for the growth of tourism at Lake Cumberland, a growing tourist attraction for vacationers of the northern states.