Oklahoma Supreme Court upholds wine initiative petition

In a 5-4 decision, the state's highest court rejected arguments that the proposal violates the state and U.S. constitutions and said “there is a rational basis for the provisions” within the proposal.

Initiative Petition No. 396 is supported by Oklahomans for Modern Laws and, if approved at the ballot box, would bring about one of the biggest changes to state liquor laws since Prohibition was repealed in 1959 and liquor-by-the-drink was allowed in bars and nightclubs on a county-option basis in 1984.

Currently, the state Constitution restricts the sale of wine almost exclusively to locally owned, licensed retail package liquor stores, although the state's wineries are permitted to sell their own bottles in their tasting rooms.

“We're pleased with the court's decision. We think it's the right decision,” said Lee Slater, the attorney for Oklahomans for Modern Laws.

The group must collect the signatures of 155,216 registered voters to get the issue on the Nov. 6 general election ballot, but Slater said it is unclear if it will have enough time to collect the signatures, have them certified and print the petition's ballot title on election ballots.

If supporters run out of time, the governor can call a special election to consider the issue or it can be placed on the 2014 general election ballot, Slater said.

The measure is opposed by liquor retailers and organizations that believe increasing the number of retail alcohol outlets will increase the opportunity for abuse.

“The court really didn't discuss the issues surrounding the number of alcohol outlets,” said attorney Jim Priest, who represents Fighting Addiction Through Education and the Oklahoma Prevention Policy Alliance.