EXCLUSIVE — A bill passed Thursday by the Alabama Senate
should be the final word in the legal battle over
alcohol sales in Cedar Bluff, the town's attorney told
The Post last week.
The bill, originally vetoed by Gov. Bob Riley, will
lower the state's requirements for towns in dry counties
to hold a municipal option election from 7,000 residents
to 1,000. The House overrode Riley's veto on April 29;
the state Senate voted 18-11 on Thursday to override,
meaning the bill is now state law.
Huntsville-based Dagnal Rowe, who represents Cedar Bluff
in its ongoing battle against William Geral Greene, said
the matter is over as far as he is concerned.
“I would hope that Mr. Greene and the attorney general's
office would agree to a dismissal of the case,” Rowe
said. “They could do so voluntarily, but if not then we
will file a motion and we will ask for a dismissal.”
Rowe indicated he could file the motion as early as this
week.
Attorney General Troy King filed a motion to intervene
in the case on behalf of Greene in March 2008, but
Circuit Judge David Rains has not issued a ruling on
that request.
Birmingham attorney Eric Johnston, who represents Greene
and others fighting to stop alcohol sales in Cherokee
County, said it was too early to say what his clients'
next action might be.
“We would have to talk to our clients first,” Johnston
told The Post Thursday afternoon. “But as a practical
matter, that bill will now become law.”
Johnston admitted there are parties other than Greene
that are interested in emptying beer coolers in Cedar
Bluff.
“Mr. Greene is the only client I have contact with, but
there are others,” Johnston said. “They are people in
the area who have been involved in the [anti-alcohol]
campaign there for several years.”
In the months leading up to town's August 2003 wet-dry
vote, a group called Citizens Caring for Children (CCC),
the local First Baptist Church and others fought against
the “Cedar Bluff Deserves a Yes Vote!” campaign led by
then-mayor Robert M. Davis. The final vote was 649 for
and 232 against allowing alcohol sales inside the
municipality of 1,450.
After the vote the CCC filed a lawsuit to prevent sales
from beginning, which delayed implementation of the
election results. The group agreed to dismiss the
lawsuit in December 2004 after the Alabama Supreme Court
ruled that CCC lacked legal standing to challenge the
election.
Greene filed his lawsuit in December 2005, eight months
after alcohol sales began in Cedar Bluff. Over three
years later, the matter appears to finally be resolved.
Or is it?
Two weeks ago in The Post, Johnston cited the same
concerns voiced by Gov. Riley when he vetoed House Bill
175.
“The bill deals with two separate issues, which is
forbidden by the Alabama constitution,” Johnston said in
the May 4 issue.
“You can do that in Washington but you can't do it in
Montgomery.”
Last week, Johnston said he doesn't know what the future
might hold for the state's newest alcohol-related law.
“I don't have any plans to do it, but I believe it would
be wise for everyone to wait a few days and see if
anyone challenges the law, because it is
unconstitutional,” he said. “If someone were to
challenge it I think it would happen pretty soon.”
Cedar Bluff Mayor Martha Baker said she's tired of
fighting legal battles and hopes alcohol opponents will
accept the Legislature's wishes.
“We've got money that we can't spend because we're
worried about having to pay all the lawyer's fees,” she
said. “I hope this will be the final word and we can all
move ahead for the benefit of Cedar Bluff.”
Sen. Larry Means, who voted for the veto override on May
14, said he has already heard from local citizens who
are upset alcohol sales could now spread.
“I'm not for it or against it, and no city or county
should ever expect alcohol sales to be some type of
economic savior,” Means told The Post. “But I believe
people deserve the right to vote on the issues, and
that's why I voted the way I did.”