Brian Richardson: Why Arkansans Should Oppose Far-Reaching Alcohol Amendment

Editor’s note: Brian Richardson is an Arkansas resident and the chairman of Citizens for Local Rights, a ballot question committee formed to oppose the Arkansas Alcoholic Beverage Amendment, Issue 4.

In November, Arkansans will vote on the Arkansas Alcoholic Beverage Amendment (Issue 4). The Alcohol Amendment aims to change our state Constitution and repeal current local decision-based laws. The Alcohol Amendment seeks to change the current framework that delegates certain important decisions to local and county elections.

Currently, individual Arkansas counties have the right to decide whether or not retail alcohol sales are legal within their boundaries via the “local option.” Within wet counties, communities or “townships” are also able choose their status regarding alcohol sales. If the Alcohol Amendment passes, local communities will forfeit any future control regarding retail alcohol sales, forever. Not only will the local option law be repealed but even counties that cast a majority of votes “against” this radical proposal will be forced to allow liquor sales in every community, neighborhood and school district.

Proponents of the Alcohol Amendment claim the local option is “no option.” However, the local option has been exercised five times in the last three election cycles and two counties will vote on this important issue this November.

Citizens for Local Rights was formed to protect this fundamental right of local control. Individual communities shouldn’t lose local control just because a handful of out-of-state alcohol retailers don’t want to follow the laws of our state.

Voters need to know what they stand to lose if the Alcohol Amendment passes. There is a lot of misinformation about the Alcohol Amendment. Below are eight important issues that voters should know about the Alcohol Amendment before casting their “for” or “against” votes this November.

1 – The Alcohol Amendment takes away the right for local communities and individual counties to vote whether selling alcohol is allowed in their area. If passed, the Alcohol Amendment will forever eliminate individual counties’ right to make this choice.

2 – The Alcohol Amendment makes the sale, manufacture, transportation and distribution of intoxicating liquors legal in every geographic area of each and every county of this state. This clause undoubtedly endangers “buffer zones” that restrict liquor sales within 1,000 feet of a church, school or daycare facilities. This loophole could have been closed with the simple language stating that alcohol sales would be prohibited in these areas. Grocery stores, convenience stores and big box retailers don’t want a 1,000-foot buffer. There is no mention of any buffer zone in the Alcohol Amendment.

3 – Passage of this amendment will make it legally impossible to vote on a local level to return to a dry status. Even counties that have no desire to allow alcohol sales or bars will have no remedy to deny liquor sales in any community, neighborhood or school district

4 – Much of the Alcohol Amendment will be open to interpretation. This puts our communities in a vulnerable spot. While the Legislature is allowed under the amendment to “regulate,” they cannot “prohibit” alcohol sales. This will severely weaken our Legislature’s ability to control many alcohol-related issues, such as sales in the close proximity of schools and churches. It is a legal gray area as to what laws would pass constitutional muster if this amendment is passed, undermining the best wishes and intents of our legislators.

5 – The County Judges Association, major party candidates for governor, multiple county quorum courts and countless local officials feel this issue should be decided via local election and they oppose this amendment. Roughly 80% of Arkansans feel that important decisions, such as allowing alcohol sales, should be decided at the local level and communities should not be forced to allow sales against their will.

6 – If the amendment fails, the state does not “go dry.” There would simply be no change to current alcohol laws.

7 – Residents of currently wet areas receive no additional benefit from the Alcohol Amendment.

8 – The Alcohol Amendment is an amendment to the Constitution of the State of Arkansas. The state Legislature and/or our courts would be powerless to change this irreversible proposal.

Passage of this amendment would set a dangerous precedent for additional issues that have previously been designated as responsibilities of local communities. The current system of local option elections works. It provides counties with the control to make their own choices. The Alcohol Amendment will take away local control from communities.

“Let Arkansas Decide” is simply trying to undermine our state Legislature and remove the power to locally govern our communities and counties in Arkansas. The Alcohol Amendment is an inappropriate attempt to manipulate our Constitution just to boost the profits of its backers.

The most important thing voters can do is to educate themselves on the issues and make an informed decision in the voting booth. The simple fact is the Alcohol Amendment (Issue 4) is just too overreaching, too broad and too dangerously written for our state, our counties and our communities.