Flying Dog Brewery loses lawsuit over Raging Bitch label

Discussion in 'Beer News' started by DrinkingThisBeer, Jul 2, 2012.

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  1. DrinkingThisBeer

    DrinkingThisBeer Initiate (0) Jul 2, 2012

    Check out this article about Flying Dog's lawsuit against Michigan alcohol regulators ove the "censorship" of its Raging Bitch beer. What do you guys think? Should state regulators be allowed to censor beer labels that they determine are "detrimental to the welfare of the public"? Seems kind of messed up they are immune to lawsuits.
     
  2. Zimbo

    Zimbo Initiate (0) Aug 7, 2010 United Kingdom (Scotland)

    Being the proud owner of a gentle but extroverted female Black Lab, I am outraged.
    Dogs get no respect.
     
  3. DrinkingThisBeer

    DrinkingThisBeer Initiate (0) Jul 2, 2012

    Haha, but seriously is "Raging Bitch" really "detrimental to the welfare of the public"??
     
    sburrough likes this.
  4. jivex5k

    jivex5k Initiate (0) Apr 13, 2011 Florida

    Damn I wondered what happened to that beer.
    It was my favorite from them...freaking Michigan for ya.
    No wonder their college football team sucks.
     
  5. VncentLIFE

    VncentLIFE Meyvn (1,295) Feb 16, 2011 North Carolina
    Beer Trader

    Sucks enough to win a BCS bowl game. Sorry lol.

    But didnt Founders run into the same problem in Alabama with Dirty Bastard and Backwoods Bastard? and didnt Founders win that battle? seems like Flying Dog should ask Founders how they did it.
     
    gtermi and franklinn like this.
  6. jesskidden

    jesskidden Meyvn (1,162) Aug 10, 2005 New Jersey
    Subscriber

    Flying Dog also "won their battle" against Michigan regulators, as noted in the OP linked article: "The state's Liquor Control Commission reversed course in 2011 and let Flying Dog Brewery sell ale called Raging Bitch..."

    They sued them anyway, "But the Frederick, Md., brewery still continued to sue commissioners for censorship for keeping the product off shelves until that time" and that's the suit that's been dismissed.
     
  7. VncentLIFE

    VncentLIFE Meyvn (1,295) Feb 16, 2011 North Carolina
    Beer Trader

    drinking and reading dont go togther just sayin.
     
    mikeburd1128 likes this.
  8. imbrue001

    imbrue001 Aspirant (212) Aug 6, 2010 Pennsylvania

    FT: Raging Bitch, ISO: Zombie Dust

    edit: nm
     
  9. Zimbo

    Zimbo Initiate (0) Aug 7, 2010 United Kingdom (Scotland)

    If I was Flying Dog I'd try to use this publicity to my advantage. Raging Bitch is a very good beer and spookily coincidently I had their Wildeman Farmhouse IPA just a few hours ago which was also similarily great. IMHO Flying Dg is really finding its form right now.
     
    ditch and cavedave like this.
  10. dennis3951

    dennis3951 Crusader (782) Mar 6, 2008 New Jersey
    Subscriber Beer Trader

    I agree in fact Flying Dog Old Scratch Amber Lager has become one of my go to beers.
     
  11. jesskidden

    jesskidden Meyvn (1,162) Aug 10, 2005 New Jersey
    Subscriber

    A simply Google search for "Raging Bitch" + "Michigan Liquor" turns up over 6,000 hits - I'd say that they have been using this controversy to their advantage since it began back in 2009. ;)

    What many seem to forget is that the MLCC objection wasn't just to the name but to the anatomically-exaggerated genitalia of the dog in Steadman's label artwork:

    "...the name “Raging Bitch” and accompanying label imagery and text by renowned artist Ralph Steadman..."
    as Flying Dog themselves put it.​
     
    beercentrist and victory4me like this.
  12. StarRaptor

    StarRaptor Initiate (0) Jun 8, 2010 California

    One of these days people are going to stop acting like they are 13 years old.

    Ha ha Raging Bitch, *snicker, snicker* it's a pretty stupid and immature name... though I do enjoy Bitch Creek, so there's that ;)
     
  13. imbrue001

    imbrue001 Aspirant (212) Aug 6, 2010 Pennsylvania

    Last I checked, beer was supposed to be sold to adults.
    Is this about the fact that little Timmy may walk into the liquor store with Dad and somehow stumble upon Ralph Steadman's painted dog vagina? Yeah, somehow I don't see that happening.
     
  14. DrinkingThisBeer

    DrinkingThisBeer Initiate (0) Jul 2, 2012

    Completely agree - beer is supposed to be sold to adults - it's not like store are selling beer alongside Captain Crunch. These alcohol regulators are taking PC to a new level.
     
  15. Errto

    Errto Initiate (0) Oct 20, 2009 Connecticut

    No, though in many states this beer is sold in normal grocery stores. I'm not saying I agree with the state's position - I don't - but the argument really has to be that the name is not actually harmful, not that children couldn't possibly see it, because they could.
     
  16. 3leven

    3leven Initiate (0) Jun 28, 2012 Texas

    It's the store's buyer's option not to buy that beer to sell in their grocery stores (headache. too many possessives). I think someone got his panties in a wad up yonder. I know one restaurant chain in particular had to change the name of "red headed slut" on the menu to avoid little Jimmy asking Grandma what a "slut" was. Either way...

    I sold a helluvalot of 22oz Arrogant Bastards simply for the name. And then there are wine companies with "Bitch" in their brand. What's the big deal?
     
    Eriktheipaman likes this.
  17. RC51Mike

    RC51Mike Initiate (160) Dec 17, 2004 South Carolina

    "panties in a wad up yonder" would be a good name for a beer.
     
    calcnerd, Lantern, JohnB87 and 2 others like this.
  18. smakawhat

    smakawhat Poo-Bah (5,668) Mar 18, 2008 Maryland
    Subscriber

    I think they did a good solid job with their Atlantic Lager as well...
     
    hmph likes this.
  19. Steeeve

    Steeeve Initiate (0) Nov 16, 2010 Pennsylvania

    I think the issue is that they view the name and label as being misogynistic or something. I think people need to lighten up. Not everything has to be so politically correct. If you're offended, don't buy it.
     
  20. otispdriftwood

    otispdriftwood Crusader (734) Dec 9, 2011 Colorado
    Subscriber Beer Trader

    Ralph Steadman's painted dog vagina?

    I must have missed something or I didn't look at the label close enough. I guess it's time for another 6 pk. of the stuff.
     
    hmph likes this.
  21. cmmcdonn

    cmmcdonn Initiate (0) Jun 21, 2009 Virginia

    "Bitch" is even censored in the article.

    I think some people pick what they find offensive out of a hat. Two can play at this game. I'm currently offended by... wife beaters. (The garment, not the people)
     
    Lantern and aasher like this.
  22. Drewskis

    Drewskis Initiate (0) Jun 20, 2012 Louisiana

    Concur
     
  23. UCLABrewN84

    UCLABrewN84 Poo-Bah (11,760) Mar 18, 2010 California

  24. BB1313

    BB1313 Poo-Bah (2,133) Jul 16, 2009 Ohio

    I always found this silly. Why doesn't MI have a problem with "Dirty Bastard"?
     
  25. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    Nowhere nearly as much as prosecutorial immunity. Blatant racism and trying to ruin several people's lives just because of your electoral base . . . immune from a lawsuit.

    Remember DA Nifong & Duke Lacrosse?

    Makes a beer label seem petty (which it is).
     
  26. PangaeaBeerFood

    PangaeaBeerFood Initiate (0) Nov 30, 2008 New York

    It makes no sense. Beer is intended for the consumption over people over the age of 21. Therefore, the only people who would be able to see the label are those three years past the legal age where its okay to buy porn, serve in the military, and fornicate to their hearts content... If they could handle those responsibilities, I doubt seeing the word "bitch" would send them into a tailspin of debauchery.
     
  27. cmmcdonn

    cmmcdonn Initiate (0) Jun 21, 2009 Virginia


    While I agree 100% with you that the word bitch and an angry dog's engorged vagina are not worthy of such a backlash, your argument has 1 downfall. I could go to Walmart/Target/CVS and buy Raging Bitch. So the opposition would say it most certainly can be viewed by people under 21.

    In that case, the backlash should be put on the stores that are selling it, not the ones producing it.

    Flying Dog will eventually win and, hopefully, produce a "bitch's civil rights" or some other cleverly named one-off to celebrate their victory.
     
  28. steebo777

    steebo777 Zealot (505) Jun 30, 2009 Michigan

    That's Michigan for ya? What does that even mean? Plus I think our college football teams are soon just fine (a lot better than that state below us).
    To state the obvious though, you can still easily find Raging Bitch in all the fine Michigan retailers that sell FD products.
     
    gtermi and jivex5k like this.
  29. frazbri

    frazbri Defender (620) Oct 29, 2003 Ohio

  30. jivex5k

    jivex5k Initiate (0) Apr 13, 2011 Florida

    LOL
    Just some college football rivalry coming out =)
     
    steebo777 likes this.
  31. imbrue001

    imbrue001 Aspirant (212) Aug 6, 2010 Pennsylvania

    If the smut is made in Michigan then its ok. :cool:
     
  32. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    It is probably labeled an administrative type of court. . . which could still fall under the rubric of executive or judicial, but the thing is, immunity is not exclusively relegated to the judicial branch, things like prosecutorial immunity for example, clearly is an immunity extended to the executive branch.
     
  33. frazbri

    frazbri Defender (620) Oct 29, 2003 Ohio

    gotcha. I am definitely not a legal expert.
     
  34. 3leven

    3leven Initiate (0) Jun 28, 2012 Texas

    Something hoppy and high in alcohol content. Mine! ;oP
     
  35. jegross2

    jegross2 Meyvn (1,210) Jan 3, 2010 Illinois
    Beer Trader

    Like it or not, public morals, safety, health and welfare regulations are the quintessential government power. The first amendment is not very powerful in the commercial context
     
  36. jegross2

    jegross2 Meyvn (1,210) Jan 3, 2010 Illinois
    Beer Trader

    Admin law is its own hybrid branch. No Federal administrative delegation of power has been ruled as unconstitutionally blending the branchesby SCOTUS since FDR shat on the constitution some 80 years ago. Google the intelligible principles doctrine.

    Also "separation of powers" is a federal thing ;). Doesn't apply to states unless in the state constitution
     
  37. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    ^^^ You added a lot of dicta and irrelevant strawman type stuff there. I can't tell if you're trying to say something I wrote is incorrect or you just wanted to add some stuff and join the conversation?

    Furthermore, there are limits to even quintessential government powers. . . arbitrary and capricious is a term you will see used a lot more in the courtroom vs. the school room ;)
     
  38. jegross2

    jegross2 Meyvn (1,210) Jan 3, 2010 Illinois
    Beer Trader

    I didn't mean to reply to you...meant to reply to the guy you replied to. Oops!
     
  39. knightlypint

    knightlypint Initiate (0) Apr 18, 2012 New Jersey

    When my kids were young I would not have wanted them seeing such a label.
     
    Jfriz25 likes this.
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