27 U.S.C. § 122a — Injunctive relief in Federal district court
submitted 113 years ago by Pub. L. 106-386 to r/title-27-INTOXICATING-LIQUORS · 800 words · no verdicts yet
A state's attorney general can sue in federal court to stop someone from violating that state's laws on importing or transporting alcohol. The lawsuit can only seek an injunction, not money damages, and is decided by a judge rather than a jury. The state must prove the violation by a preponderance of the evidence, and this power builds on the Twenty-First Amendment and section 122 of this title without expanding states' underlying authority.
In this section—
the term “attorney general” means the attorney general or other chief law enforcement officer of a State or the designee thereof;
the term “intoxicating liquor” means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind;
the term “person” means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and
the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.
If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of a State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction) against the person, as the attorney general determines to be necessary to—
restrain the person from engaging, or continuing to engage, in the violation; and
enforce compliance with the State law.
The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State.
An action under this section may be brought only in accordance with section 1391 of title 28 or in the district in which the recipient of the intoxicating liquor resides or is found.
An action under this section is limited to actions seeking injunctive relief (a preliminary and/or permanent injunction).
An action under this section shall be tried before the court.
In any action brought under this section, upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction to restrain a violation of this section. A proper showing under this paragraph shall require that a State prove by a preponderance of the evidence that a violation of State law as described in subsection (b) has taken place or is taking place.
No preliminary injunction may be granted except upon—
evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and
evidence supporting the probability of success on the merits.
No preliminary or permanent injunction may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing.
Any preliminary or permanent injunction entered in an action brought under this section shall—
set forth the reasons for the issuance of the order;
be specific in terms;
describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and
be binding upon—
the parties to the action and the officers, agents, employees, and attorneys of those parties; and
persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise.
In a hearing on an application for a permanent injunction, any evidence previously received on an application for a preliminary injunction in connection with the same civil action and that would otherwise be admissible, may be made a part of the record of the hearing on the permanent injunction.
This section shall be construed only to extend the jurisdiction of Federal courts in connection with State law that is a valid exercise of power vested in the States—
under the twenty-first article of amendment to the Constitution of the United States as such article of amendment is interpreted by the Supreme Court of the United States including interpretations in conjunction with other provisions of the Constitution of the United States; and
under section 122 of this title as such section is interpreted by the Supreme Court of the United States; but shall not be construed to grant to States any additional power.
A remedy under this section is in addition to any other remedies provided by law.
Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law.
Source credit: (Mar. 1, 1913, ch. 90, § 2, as added Pub. L. 106–386, div. C, § 2004(a), Oct. 28, 2000, 114 Stat. 1546.)
- 1913Enacted · Pub. L. 106-386 · 114 Stat. 1546
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-386 on 1913-03-01.
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