In rejecting a lower court decision in Walmart’s favor, the 5th Circuit Court of Appeals noted the statute treated in-state and out-of-state corporations exactly the same.
“On behalf of our customers, we are disappointed by the court’s ruling which hurts Texas consumers,” said Walmart spokeswoman Anne Hatfield. “We are considering all of our options.”
The Texas Package Stores Association appealed the lower court decision.
Lance Lively, executive director of the Package Stores Association, said the court’s decision “protects Texas consumers, small business owners and Texas’ right to regulate the sale of liquor in Texas.”
The association will continue “to fight for the preservation of thoughtful regulation to keep Texans safe, keep sensible restrictions on the retail sale of liquor, and support family-owned liquor store owners against the world’s largest corporate entities that seek to inflate their profits by upending sensible state laws that protect consumers,” he said.