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StumbleJudge: Nonresidents can’t be banned from getting licenses
Tuesday, May 17, 2005 | 9:43 a.m.
HELENA, Mont. -- Montana laws prohibiting out-of-state people from owning state liquor or gambling licenses are unconstitutional because they infringe on interstate commerce, a district judge has ruled.
Judge Thomas Honzel said both laws discriminate against nonresidents without a legitimate state reason. He rejected the government's argument that the bans were warranted under the 21st Amendment of the U.S. Constitution that allows states to regulate the sale of liquor across state lines.
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