State: One Santa okay; another no way

Open Market

By JEFF INGLIS | December 6, 2006

NO WAY Santa’s Butt

Maine regulators have refused to approve an English beer’s label featuring Santa Claus holding a beer, saying it makes the product attractive to children. But they didn’t balk at approving the label for Gritty’s Christmas Ale, which shows a man dressed up as Santa Claus, also holding a beer.

OK Gritty’s Christmas Ale

In October, the state agency that approves beer-bottle labels (yes, we have one; it’s the Liquor Licensing and Compliance division of the Department of Public Safety) wrote to Shelton Brothers, importer of Santa’s Butt (a winter porter), saying the beer’s label (which shows a rear view of a fat-assed Santa sitting on a type of barrel that’s called a “butt”), and two other beer-bottle labels featuring bare-breasted women, are “undignified or improper.”

Last week, Shelton Brothers filed suit in federal court, saying the state’s ban and the rule it is based on violate the First Amendment’s protection of artistic expression.

New York and Connecticut have recently expressed similar concerns over artwork on bottles imported by Shelton Brothers, a Massachusetts-based beer importer (headquartered, of all places, in Belchertown), but anti-censorship lawsuits in those states led to the bans being reversed.

In remarks to the press before he began declining to comment on the case, Maine State Police Lieutenant Patrick Fleming, who heads the state’s liquor-licensing agency, elaborated, saying the depiction of Santa might appeal to children.

That doesn’t wash with Gritty’s owner Richard Pfeffer. “Children aren’t really in the beer aisle all that much, unless they’re accompanied by adults,” he says. The Gritty’s Christmas Ale label has met with no problems from regulators, and was re-approved in April.

Les Sans Culottes

Shelton Brothers imports nearly 150 beers from around the world, and has run into trouble with a few of them, mostly relating to holiday designs brewed by the Ridgeway Brewery in England, whose brewer — a friend of the Sheltons — collaborates with them on beer and label ideas.

Maine officials have also declined to say whether this ruling means long-approved labels on other beers might also now be determined to appeal to children. (In addition to the Gritty’s Christmas Ale with Santa, several breweries have beers whose labels include drawings of dogs, for example.) Approval by the state does not force a store to display or sell a particular beer; stores can choose for themselves.

Daniel Shelton, one of the brothers who owns the import company, says even if Maine reverses its decision — which state liquor-licensing supervisor Jeff Austin said had not happened as of Tuesday — the lawsuit will continue, to get a court to strike down the state’s rule, which Shelton says is “way too vague.”

In addition to Santa’s Butt porter, Maine regulators have banned sales of Les Sans Culottes (a French blonde ale), whose label features a detail from the 1830 Eugene Delacroix painting Liberty Leading the People. The symbolic figure of Liberty is a bare-breasted woman carrying a French flag and a rifle and bayonet. The painting hangs in the Louvre.

Cantillon Rosé de Gambrinus

A third label to be rejected by the state, Rosé de Gambrinus (a raspberry-flavored Belgian lambic), features a painting specially commissioned by the brewery depicting Gambrinus, an unofficial patron of beers and brewing and legendary king of Flanders, with a naked woman on his lap (symbolizing beer, according to the lawsuit).

The state has yet to file a reply in court.

Topics: This Just In , Culture and Lifestyle, Beverages, Food and Cooking, More

| More

Most Popular

The Current Issue

Table of Contents

Cover Archive

Masthead | Authors | Contact us

Blogs

Where To Follow Me
Talking Politics | March 24, 2013 at 11:09 AM

Mo Takes His Turn
March 21, 2013 at 12:59 PM

[Q&A] KMFDM's Sascha Konietzko on art, Columbine and having balls
On The Download | March 18, 2013 at 3:22 PM

See this film series: The Belmont World Film Series @ Studio Cinema in Belmont
Outside The Frame | March 18, 2013 at 11:00 AM

See this film: This is Spinal Tap [with post-film talk by expert from Acoustical Society of America] @ the Coolidge
March 17, 2013 at 12:00 PM

ARTICLES BY JEFF INGLIS

CONGRESS IS WRECKED | June 13, 2013
We know Congress is broken. Really broken. Health care, immigration, civil rights. But many of us on the outside don't know just how badly broken it is, and we have only vague spectator ideas of how to fix it. What we do know is what we want, which is real action from Congress toward solving the problems our country faces.

SIT DOWN — OR STAND UP — AND PADDLE OFFSHORE | June 07, 2013
For sea kayakers, salvation is here, and there are no more excuses. Portland Paddle opened its hatches last weekend, right at the East End Beach.

BACK TO BASICS | May 30, 2013
The past week's events in Augusta provide a teachable moment for Maine's elected officials and the public at large, on the topic of free speech.

WATCH YOUR BACKS, USELESS PEOPLE | May 16, 2013
Poll numbers

LAPTOP PROGRAM CHANGE SETS SCHOOLS BACK 10 YEARS | May 09, 2013
The webinar started with a five-minute effort to ensure the screen-and-audio sharing technology was actually working, punctuated by uncertainty about which representatives of which companies would be making remarks. Not an auspicious start.