SAN FRANCISCO — Earlier this year, the U.S. Court of Appeals for the Ninth Circuit signaled it was time to do away with California’s Prohibition-era ban on paid alcoholic beverage advertisements in retail stores. On Wednesday the court sent a different message: “Not so fast.”
The Ninth Circuit granted en banc review of a unanimous panel decision in Retail Digital Network v. Gorsuch, 13-56069, which concluded that the legality of a so-called tied-house statute limiting commercial speech by alcohol retailers needed to be revisited in light of decisions by the U.S. Supreme Court.
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