Could Attorney General opinion affect Lubbock alcohol vote? - KCBD NewsChannel 11 Lubbock

5/18/09

Could Attorney General opinion affect Lubbock alcohol vote?

LUBBOCK, TX (KCBD) - There's at least a chance no stores in Lubbock will be selling alcohol as a result of the May 9th election. 

That's because of an Attorney General opinion, less than one year ago pertaining to Brazoria County. Their recent county wide election to allow beer & wine sales does not pertain to three of the cities including Sweeny. Sweeny, for example, would need it's own election. 

"By choosing the alcoholic beverages it desires to legalize, a voting unit implicitly chooses to remain "dry" with respect to the sale of all other alcoholic beverages," said Texas Attorney General Greg Abbott.

Lubbock had an election to allow mixed beverages in restaurants in April of 1972 but not package liquor. Does that mean Lubbock was and still is "dry" for package liquor? Only making the matter more confusing, the City's boundaries have changed since 1972.

Lubbock County Civil Attorney John Grace feels very strongly that the 1972 election will have no bearing on the May 9th election. "The bottom line is that in Lubbock County's opinion the entire county is wet for the two propositions that were on the ballot and there should not be any remaining dry areas for those two propositions," say Grace. 

He goes on to say, "We respect the Attorney General and his opinion.  We think that the opinion he issued dealt with specific facts in Brazoria County and these facts aren't the same as what we're looking at here.  We're confident that the opinion of our office should actually prevent any kind of litigation down the road."

To read the complete document on the wet/dry status of certain precincts within Brazoria County, click here.

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5/18/09
Alcohol Lawsuit: Temporary restraining order extended
It will be at least another 90 days before you can get beer, wine or liquor in most of Lubbock. Both sides agreed to extend a recent temporary restraining order and say they're ready to negotiate zoning ordinances. NewsChannel 11's Ann Wyatt Little has more.

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