Maine bans Santa beer label


A beer distributor says Maine is being a Scrooge by barring it from selling a beer with a label depicting Santa Claus enjoying a pint of brew.


Design by Gary Lippincott

A beer distributor says Maine is being a Scrooge by barring it from selling a beer with a label depicting Santa Claus enjoying a pint of brew.

In a complaint filed in federal court, Shelton Brothers accuses the Maine Bureau of Liquor Enforcement of censorship for denying applications for labels for Santa’s Butt Winter Porter and two other beers it wants to sell in Maine.

The dispute recalls a similar squabble last year when Connecticut told Shelton Brothers it had problems with its Seriously Bad Elf ale.

“Last year it was elves. This year it’s Santa. Maybe next year it’ll be reindeer,” said Daniel Shelton, owner of the company in Belchertown, Massachusetts.

The lawsuit, filed Thursday, contends the state’s action violates the First Amendment by censoring artistic expression.

In years past, the company has had labels challenged in a few states, including Ohio, North Carolina and Missouri, he said.

States have the power to regulate alcohol through the 21st Amendment, which repealed Prohibition in 1933. “But I don’t know where they get the idea they can ignore the rest of the Constitution,” Shelton said.

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Posted: Sat - December 2, 2006 at 08:08 AM