How does Governor Daniels determine which laws need to be followed and which laws don’t? The Indy Star is reporting that Governor Daniels has said that the Indiana Alcohol and Tobacco Commission will not enforce alcohol license laws, apparently from 3:00 a.m. to 4:00 a.m. Eastern Daylight Time.
IC 7.1-3-1-14 does not seem to provide the Governor with that sort of wiggle room. It says:
It is lawful for an appropriate permittee, unless otherwise specifically provided in this title, to sell alcoholic beverages each day Monday through Saturday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day. Sales shall cease wholly on Sunday at 3 a.m., prevailing local time, and not be resumed until the following Monday at 7 a.m., prevailing local time.
When DST kicks in at Sunday at 2 a.m., it will automatically become 3 a.m. The law is pretty clear that alcohol sales are to stop once it becomes 3:00 a.m.
Ignoring laws he doesn’t like has become pretty routine with Governor Daniels. As I’ve mentioned numerous times here, IC 1-1-8.1-3 provided:
Sec. 3. The state supports the county executive of any county that seeks to change the time zone in which the county is located under the procedures established by federal law.
Choosing to disregard this law, the Governor wrote a letter to the United States Department of Transportation opposing the county executive of St. Joseph County stating in pertinent part:
I recommend the Department decline the petition of St. Joseph County to move from the Eastern to the Central Zone.
This indifference to the law has apparently carried over to departments like IDEM. Governor Daniels man at IDEM, Tom Easterly told pork producers IDEM will suspend enforcement of Confined Animal Feeding Operation (CAFO) permits until the EPA has cleared up the confusion surrounding CAFOs.
Let that be a lesson from the Governor to you. If there’s a pesky law inconveniencing you, just ignore it.
Maybe it’s a Republican thing.
It kind of reminds me of my years in Chicago. There are real laws and unofficial laws and laws you dont have to follow,but be sure to check with your ward alderman to find out which is which,or you’ll be in BIG TROUBLE. Mitch Daniels must be Indiana’s ‘Ward Alderman’.
Doug, you look very political in that suit. I’m burning all my suits next week – although, I never looked very political in mine.
Political? Naw, that’s just my lawyer-uniform. I envy you your suit burning.
I suspect the bar deal is all about Indianapolis again. With the NCAA final four in town this weekend naptown bars stood to miss out big time.
That’s certainly the “why.” What I don’t understand is the “how.” The law says what it says. The Governor is responsible for executing the law, not telling the world he isn’t going to enforce a law he finds inconvenient.
I think he should next decide to give everyone in the state a pony. Sounds like a good idea to me! And that doesn’t even break any laws.
Depending upon the zoning laws of your community!! Mitch would most likely just overlook those also,if he thought that he and his cronies,would benefit,or that we hoosiers are to dumb to have laws that were inacted before he arrived to save us. If he did give us each an animal it would be a pig or a chicken,since he said in his first state of the state speech he wanted to double the number of livestock in the state. Now tell me how do you do that and build all these new roads and become the world leader in bio-fuel production?
I am not complaining about him breaking for this time. I could use the extra hour.
Actually, you SHOULD thank the Gov. He just told everyone that they should NOT observe
DST. From TFA:
“Daniels said the Indiana Alcohol and Tobacco Commission will not enforce alcohol license laws until 3 a.m. that night, and asked that local law enforcement use “the same common-sense approach.””
So, the “common-sense” approach would be to live in CST and NOT observe DST. Does EST, so far outside “real” noon, make “common-sense”? Does DST with 10:00pm sunset make “common-sense”? Nope. So, follow the Gov’s advice. Ignore the DST law and DOT’s ruling. :)