§122a Injunctive Relief in Federal District Court

Summary

Lets state attorneys general sue in federal court to get court orders that stop people from importing or transporting alcoholic drinks in ways that break state law. An attorney general here means the state’s top law officer or a person they pick. “Intoxicating liquor” means any kind of alcoholic drink. “Person” means a person or business (but not a state). “State” means any U.S. state, the District of Columbia, Puerto Rico, or a U.S. territory. The federal courts can hear these cases, except when the person is licensed in that state to make, sell, or store alcohol. The suit can only ask for an injunction (a court order), not a jury trial. The state must show by a preponderance of the evidence that a violation is happening. To get a temporary (preliminary) order, the state must also show there is likely irreparable harm and likely success on the merits. The person must get notice and a chance for a hearing. Any order must say why it was issued, be specific about what actions are banned, and bind the parties and people working with them who get actual notice. Evidence used for a temporary order can be used later for a permanent one. These federal suits only extend federal court power to enforce valid state authority under the Twenty-first Amendment and section 122, and they do not give states any new powers. States can still use other remedies or go to state court.