Dear Alba members,
This is an update to the April 20th message sent out to all Alba members.
Following the recap below is the complete amicus brief filed with the Arizona Supreme stating
We are now waiting on the court’s decision.
Possibly the biggest dram shop court decision is on the horizon that will affect liquor law
cases in the state of AZ forever moving forward.
As all liquor licensees will be affected by this decision ALBA has retained the premier liquor
attorney Peter Schelstraete to prepare an amicus brief (“friend of the court” one who assists
the court by furnishing information or advice regarding questions or law or fact) as this case
goes before the AZ Supreme Court.
We are in this position because of a lower court’s ruling in the dram shop case of Torres v.
JAI case in which a decision from the court of Appeals affirmed the Arizona legislative power
to limit our liability in dram shop cases to serving obviously intoxicated persons or to serving
This will mean that those suing licensees will face a tougher time in court which should mean
fewer cases being brought and settled, which ultimately will mean lower of insurance
As a reminder Alba was successfully represented by Pete Schelstraete during the Court of
Appeals decision affirming a lower threshold for liability in dram shop cases.
As we predicted the Arizona Supreme Court granted the petition to review the Court of
A decision could be up to 6 months away.
Our attorney and Alba Board members believe that the court of Appeals decision will be
upheld by The Arizona Supreme court.
As President of ALBA I believe these are the issues that are most important to our
membership. ALBA is one of only a few associations that hired an attorney specially devoted
to this case.
These are your dues protecting your license, your business and your employees.
Below please find ALBA's Amicus Brief timely filed with the Arizona Supreme
NO ONE OF US IS AS STRONG AS ALL OF US WORKING TOGETHER!
Thank you for your continued support.