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Posted on: December 3, 2018

BYOB Advertising Ban Found Unconstitutional

Last week, a federal judge ruled that New Jersey’s law prohibiting BYOB establishments from advertising their BYOB status violates constitutional free speech rights. The GJJM Enterprises, LLC v. NJ Division of Alcoholic Beverage Control ruling effectively allows any BYOB establishment in New Jersey to begin advertising their status as a BYOB.  Before this ruling, establishments were prohibited from advertising their BYOB status, both on and off premises, any violation of which would be a disorderly persons offense.

It is important to point out that the ruling only impacts the advertising component of the State’s BYOB law. It does not affect other aspects of the law such as a municipality’s ability to set reasonable standards for BYOB establishments and a municipality’s authority to prohibit BYOBs entirely. You should review this ruling with your municipal attorney for more information.

Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481 x137.


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