February 1, 2021
Texas Federal Court Rules in Favor of CANarchy, Lifts Ban on Beer To-Go
February 1, 2021
Deep Ellum Brewing Company & Oskar Blues Brewery Austin Now Offer Beer To-Go
Longmont, Colo. (January 28, 2021) A Texas federal court has ruled in favor of CANarchy Craft Brewery Collective in a court case challenging Texas Alcoholic Beverage Code (TABC) regulations preventing the sale of beer to-go. As a result, craft beer to-go is now available at Deep Ellum Brewing Company and Oskar Blues Brewery Austin.
Matt Fraser, President & COO of CANarchy, commented, “We’re beyond excited that the court ruled in our favor. This allows us to join our fellow craft brewers to get the freshest beer possible to our fans in package format to-go including cans and Crowlers.”
In September 2018, a law authorizing beer to-go sales in Texas for brewers with production below 225,000 barrels a year went into effect. However, when Deep Ellum and Oskar Blues Austin began selling beer to-go, CANarchy quickly received a warning from TABC expressing their position that CANarchy breweries were excluded from the new law due to collective-wide barrelage.
CANarchy challenged the ban, based on arguments of discrimination against interstate commerce and its reading of the text of the regulation. The federal court recently agreed with CANarchy’s reading, a ruling that will allow beer to-go sales moving forward.
CANarchy was represented by Austin-based government attorneys Cobb & Counsel.
Fresh-brewed beers including Dallas Blonde and Deep Ellum IPA at Deep Ellum Brewing Company in Dallas; and Dale’s Pale Ale, Can-O-Bliss IPA and more at Oskar Blues’ Austin taproom are now available to-go in Crowlers and cans.
Founded in 2015, CANarchy is a disruptive collective of like-minded brewers dedicated to bringing high-quality, innovative flavors to drinkers in the name of independent craft beer. The portfolio of craft breweries includes Oskar Blues Brewery, Cigar City Brewing, Squatters Craft Beers and Wasatch Brewery, Deep Ellum Brewing Company, Perrin Brewing Company, Three Weavers Brewing Company and Revitalyte. In 2018, CANarchy was ranked #8 on the BA’s list of the Top 50 U.S. Craft Brewers as ranked by sales volume. In 2019, CANarchy grew shipments by 14% to 480,000 BBL and was the fastest growing among the top 20 craft suppliers in IRI Total U.S. Multi-Outlet and Convenience retail scans. The collective provides craft beverages throughout the United States and in parts of 17 countries spanning five continents.