Banned Forever from All State Liquor Stores – For Singing!

In late 2011, the Shire Choir performed “Chronic Carols” in protest of the war on drugs, at a few state liquor stores. If you thought you had the right to assemble and right to free speech, you clearly haven’t attempted to exercise those rights. When you do, (if you do it in a place that matters, like a courthouse or other government property) you’ll find out that you don’t have them at all. Here’s video of me being served with an “order” banning me and Jason Talley and Derrick J from every state liquor store in NH, forever. For singing.

Here’s the text of the “order”:

The Division of Liquor Enforcement and Licensing has been authorized to issue this notification informing you that you are no longer privileged to enter any New Hampshire Liquor Retail Outlet. To be clear, you are no longer allowed to enter or be physically present on any New Hampshire Liquor Store property. A copy of this notice will be forwarded to the Keene Police Department and the NH State Police.

Failure to adhere to this notification could result ln your arrest and prosecution for Criminal Trespass. Should you have any questions you may contact the Division of Liquor Enforcement and Licensing at 271-3521.

Sincerely,
~
Cameron Brown
Investigator
State of New Hampshire
Division of Liquor Enforcement
C: Director of Store Operations
Police Department :Keene PD, NHSP.

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30 Comments

  1. Write back and tell them that you’re going to open your own liquor store, then.

  2. Write back and tell them that you’re going to open your own liquor store, then.

  3. That’s the most ridiculous thing Ive ever seen. Alcohol is more addicting and kills more people every year than some illegal things do. Way to go KPD. I’d rather let my kids smoke weed than drink anytime.
    and haha yeah! to snowdog!

  4. That’s the most ridiculous thing Ive ever seen. Alcohol is more addicting and kills more people every year than some illegal things do. Way to go KPD. I’d rather let my kids smoke weed than drink anytime.
    and haha yeah! to snowdog!

  5. that cop  makes the devil look like a halo head

  6. that cop  makes the devil look like a halo head

  7. Maybe sue the state liquor for banning you for a silly frivolous reason and let them look foolish for them trying to plead their case on why they are banning you for singing xmas carols. ^^

    Seems some people at the “Division of Liquor Enforcement and Licensing” have a lot of time to waste to come up with such brilliant moves.

  8. Maybe sue the state liquor for banning you for a silly frivolous reason and let them look foolish for them trying to plead their case on why they are banning you for singing xmas carols. ^^

    Seems some people at the “Division of Liquor Enforcement and Licensing” have a lot of time to waste to come up with such brilliant moves.

  9. This seems like it might be illegal, especially if there weren’t 3 private liquor stores in NH.  Perhaps you could argue that it is a hardship for your to visit one of the private liquor stores.  Take a video of you going to private liquor store in MA or VT and buying the liquor.  Make sure to just buy 1-2 bottles, you don’t want to break the law on video.  Then, next time a bill to partly deregulate liquor in NH comes up, go testify and play the video for the committee.  Show that the New Hampshire Liquor Commission is going out of its way to use its power to punish you.  Show that the NHLC is trying to keep profit out of the New Hampshire General Fund.  Use this as a reason to support partial deregulation.

  10. This seems like it might be illegal, especially if there weren’t 3 private liquor stores in NH.  Perhaps you could argue that it is a hardship for your to visit one of the private liquor stores.  Take a video of you going to private liquor store in MA or VT and buying the liquor.  Make sure to just buy 1-2 bottles, you don’t want to break the law on video.  Then, next time a bill to partly deregulate liquor in NH comes up, go testify and play the video for the committee.  Show that the New Hampshire Liquor Commission is going out of its way to use its power to punish you.  Show that the NHLC is trying to keep profit out of the New Hampshire General Fund.  Use this as a reason to support partial deregulation.

  11. That’s unreal.

    Totally illegal too, because they were made to serve everyone, under their constitutional government rules.

  12. That’s unreal.

    Totally illegal too, because they were made to serve everyone, under their constitutional government rules.

  13. so now they fuss about getting thrown off privately owned property… this is getting better and better. Note to Ian, If your going to be a nuisance on privately owned property regardless of you how you define singing, be prepared to to face the consequences. Only a fool would find getting thrown off private property for being a nuisance shocking.

  14. The state sold $534 million in alcohol in 2010, which is the second leading cause of death as a substance.  Maybe they can survive with one less potential customer.  I AM a little puzzled how a public property can be a constitution free zone though…Isn’t redressing grievances on government property a protected right?  What was the due process in this case?  Was there a trial ?

  15. The state sold $534 million in alcohol in 2010, which is the second leading cause of death as a substance.  Maybe they can survive with one less potential customer.  I AM a little puzzled how a public property can be a constitution free zone though…Isn’t redressing grievances on government property a protected right?  What was the due process in this case?  Was there a trial ?

  16. Better yet, just set up a liquor stand in the park.  Tell the cops you’re doing it, too.

  17. Better yet, just set up a liquor stand in the park.  Tell the cops you’re doing it, too.

  18. Liquor stores aren’t public forums; they’re perfectly within their rights to ban people for singing or protesting.  

  19. Liquor stores aren’t public forums; they’re perfectly within their rights to ban people for singing or protesting.  

  20. You have no right to drink.  

  21. You have no right to drink.  

  22. Here again with the inept assistance of the state, you’ve queued up another ‘slam-dunk’ civil rights issue ready for the harvest: Your exercise of Free speech is clearly being unlawfully repressed by the problematic agency ban.

    The trespass order,requires due process and notice of same. So lets generously grant that “Should you have any questions you may contact the Division of Liquor Enforcement …” meets the requirement for notice. First thing to do is make the call and simply ask for a hearing on the legality of the order. Second, demolish the validity by raising free speech arguments etc., through the hearing process. (I’ll guess that they will withdraw the order before they even have to go on record trying to sustain it in a formal manner.)
    Third, go sing at liquor stores or else get an agency ruling and, if it is unfavorable, take them to court.

    “See, you know how to take the reservation, you just don’t know how to *hold* the reservation and that’s really the most important part of the reservation, the holding. Anybody can just take them.” Jerry Seinfeld

  23. Here again with the inept assistance of the state, you’ve queued up another ‘slam-dunk’ civil rights issue ready for the harvest: Your exercise of Free speech is clearly being unlawfully repressed by the problematic agency ban.

    The trespass order,requires due process and notice of same. So lets generously grant that “Should you have any questions you may contact the Division of Liquor Enforcement …” meets the requirement for notice. First thing to do is make the call and simply ask for a hearing on the legality of the order. Second, demolish the validity by raising free speech arguments etc., through the hearing process. (I’ll guess that they will withdraw the order before they even have to go on record trying to sustain it in a formal manner.)
    Third, go sing at liquor stores or else get an agency ruling and, if it is unfavorable, take them to court.

    “See, you know how to take the reservation, you just don’t know how to *hold* the reservation and that’s really the most important part of the reservation, the holding. Anybody can just take them.” Jerry Seinfeld

    EDIT: Forget due process from the agency. This is not necessary. See comment by me later in thread.

  24. I think he should petition the Liquor Commission pursuant to Liq 201.01 for a declaratory ruling that the Enforcement Bureau is prohibited from issuing a trespass order, absent provable exigent circumstances, without a due process hearing before the Commission itself.  

  25. I think he should petition the Liquor Commission pursuant to Liq 201.01 for a declaratory ruling that the Enforcement Bureau is prohibited from issuing a trespass order, absent provable exigent circumstances, without a due process hearing before the Commission itself.  

    Liq 201.01 Interpretation of Statutes/Administrative Rules

    Any question arising, relating to an interpretation of RSA 175 – RSA 180, RSA 126-K, or administrative rules adopted by the commission shall be submitted in writing as a petition to the chairman of the liquor commission requesting a declaratory ruling.

    Liq 102.01 Functions of Commission

    (b) The commission is charged by law to:

    (5) Operate state liquor stores;

    When the state is involved, so is due process.

  26. Jessi,
    I’m not sure I follow your reasoning. Is a finding under due process too much of a nuisance too?  Is public property which Ian is forced to pay for something that he can be prohibited from exercising a right to redress grievances on ?  Which other rights should the state arbitrarily be able to extinguish ?

  27. Jessi,
    I’m not sure I follow your reasoning. Is a finding under due process too much of a nuisance too?  Is public property which Ian is forced to pay for something that he can be prohibited from exercising a right to redress grievances on ?  Which other rights should the state arbitrarily be able to extinguish ?

  28. [Draft letter to state liquor authority]

    DEMAND FOR NULLIFICATION OF TRESPASS NOTICE AND AFFIRMATION OF RIGHTS

    The undersigned declare:

    1) We have conducted peaceful protests on matters of public concern on or near state run liquor store property. This protest activity is protected under both state and federal constitutions;

    2) A criminal trespass warning notice has been served on us without justification;

    3) We have a liberty interest in access to alcohol offered for sale by the state monopoly at all lawful times;

    4) We have the clearly established right to be free from the ‘chill’ on speech and assembly that your notice creates by establishing an element required for a misdemeanor crime under the criminal trespass law.

    The undersigned demand that:

    5) The trespass notice be nullified;

    6) The agency make a statement affirming respect for our free speech and assembly rights under law;

    7) the agency state a policy whereby, application will be properly made to a court for a criminal trespass warning or an order of protection.

    It is our belief that the state liquor board does not have the statutory authority to administratively process the criminal trespass warning we have received. Therefore, we reserve the right to directly petition the court for injunctive and declaratory relief, as may be required. A response is expected within 30 days.

    Have a nice day.

  29. [Draft letter to state liquor authority]

    DEMAND FOR NULLIFICATION OF TRESPASS NOTICE AND AFFIRMATION OF RIGHTS

    The undersigned declare:

    1) We have conducted peaceful protests on matters of public concern on or near state run liquor store property. This activity is protected under both the state and federal constitutions;

    2) A criminal trespass warning notice has been served on us without justification;

    3) We have a liberty interest in equal access to alcohol offered for sale by the state liquor monopoly;

    4) We have the clearly established right to be free from the ‘chill’ on speech and assembly that your notice attempts to create, by establishing an element required for a misdemeanor crime conviction under the criminal trespass law.

    The undersigned demand that:

    5) The trespass notice be nullified;

    6) The agency make a statement affirming respect for our free speech and assembly rights under law;

    7) the agency state a policy whereby, application will be properly made by the agency, to a court, when requesting a criminal trespass warning or an order of protection.

    It is our belief that the state liquor board does not have the statutory authority to administratively process the criminal trespass warning we have received. Therefore, we reserve the right to directly petition the court for injunctive and declaratory relief, as may be required. A response is expected within 30 days.

    Have a nice day.

  30. Of course you love heroin.

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