Court: Initiative privatizing liquor sales is constitutional
This morning the Washington State Supreme Court issued a 5-4 ruling upholding the constitutionality of Initiative 1183, which privatized the distribution and retail sale of hard liquor.
Initiative 1183 was passed in November 2011 by a wide majority of voters. But several individuals and organizations challenged the measure, arguing that it violated Article II, Section 19 of the Washington Constitution. That constitutional provision requires bills and initiatives to only address a single subject and the subject of the measure must be stated in the title. The challengers argued that I-1183 embraced multiple subjects including privatizing hard liquor sales and changing regulations on wine and beer. The challengers also argued that I-1183 imposed new taxes while the bill title referred to the revenue as “fees.”
The majority was written by Justice Steven Gonzalez, who was appointed to the Supreme Court last year by Gov. Chris Gregoire. Justice Gonzalez wrote that the title of I-1183 was a general title, pertaining to the broad subject of “liquor.” The court held that the individual sections of the initiative were a rationally related to each other—including a $10 million earmark for local governments for public safety needs. The court also held that the voters of Washington were not misled by the initiative’s use of the word “fees” to describe the licensing fees the retailers will pay. (Challengers had argued that the fee is actually a tax and that voters would not have approved a new tax if it were described that way.)
Justice Wiggins filed a dissent, joined by three other justices. He wrote that the I-1183 drafters misled voters by describing the licensing fees as “fees” rather than “taxes.”
This ruling came on the last possible day for the court to intervene in the matter—I-1183 was set to be fully implemented on June 1.
Private retailers will begin selling liquor tomorrow.
Drinkers know to mix their liquors carefully. "Beer before liquor, never sicker; liquor before beer, never fear." 
Last week the Supreme Court 
Gendler v. Batiste, No. 85408-4
The Supreme Court has agreed to an expedited review of a lawsuit challenging the constitutionality of Initiative 1183. I-1183 passed in 2011 and privatizes the state's liquor distribution and retail system. Challengers argue that the initiative violates the state constitution's single-subject rule.
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