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News (Media Awareness Project) - US CA: ACLU Offers to Help Mt. Shasta Brewery Owner Fight
Title:US CA: ACLU Offers to Help Mt. Shasta Brewery Owner Fight
Published On:2008-07-30
Source:Mount Shasta Herald (CA)
Fetched On:2008-08-01 19:10:01
ACLU OFFERS TO HELP MT. SHASTA BREWERY OWNER FIGHT BOTTLE CAP EDICT

Weed, Calif. - There is a big controversy surrounding First Amendment
rights brewing in the little town of Weed, California.

Since the Alcohol and Tobacco Tax and Trade Bureau ordered Vaunne
Dillmann, owner of the Mt. Shasta Brewing Company, to stop using his
bottle caps because of a pun that plays on the name of his home town,
a whirlwind of supporters has been blowing his way.

One such advocate, the American Civil Liberties Union, recently
jumped on the band wagon and is saying the ATTTB's denial of
Dillmann's ability to place the slogan "Try Legal Weed" on bottle
caps for his Weed Ales is simply beyond the pale.

The ATTTB, however, continues to stand its ground.

Still awaiting the decision of his appeal to the ATTTB, Dillmann was
recently contacted by the ACLU and told the organization wanted to
represent him and his case, pro bono.

"This is a classic example of Mr. Dillmann exercising his free speech
rights," said ACLU attorney Adam Wolf, who is leading the case.
"We're basically telling the government to stop bullying this small
business owner around."

Wolf noted that no lawsuit had been filed as of the time of the
interview, but that action will be taken if the government continues
to prevent Dillmann from using his bottle caps.

"If a lawsuit is filed, Mr. Dillmann will have an excellent chance of
winning the case," stated Wolf, adding, "the government has no
business telling people what is appropriate and what is not appropriate.

"Frankly, it's embarrassing that the government would spend money to
go after Mr. Dillmann. "Tax payers should know that the government
allocates resources in such a misguided way."

Even with the backing of the ACLU, the ATTTB isn't budging on the issue.

When contacted Tuesday morning, ATTTB spokesman Art Resnick said he
was unaware of the ACLU's decision to take up the case.

"This doesn't change anything," he said. "[Dillmann's] appeal is
working it's way through the channels here. I expect there will be a
decision shortly."

The quandary began when the ATTTB, during a review of Dillmann's
application for a new beer label in February this year, banned use of
the caps, claiming that "Try Legal Weed" was a "drug reference" and
that it could mislead customers about the characteristics of the
beverage. The ATTTB also told him if he uses the caps he could be
subject to fines or penalties.

"This is all just ridiculous," said Dillmann, a former Oakland cop.
"The government is playing God; they are the judge, jury and
executioner. I'm tired of Big Brother regulating the American people
in everything they do."

Dillmann laughs at the ATTTB's claim that the pun insinuates
marijuana use and wonders if the feds are confused about the contents
of beers like Rogue's "Dead Guy Ale" or Big Sky's "Moose Drool Brown Ale."

"Does 'Moose Drool' insinuate that when you open a bottle you get a
slimy wet one?" Dillmann wondered.

Dillmann, 61, is no stranger to a fight; since starting his brewery
he has dealt with numerous local complaints.

Dillmann's "Try Legal Weed" pun on his bottle caps is accompanied by
"A Friend in Weed is a Friend Indeed."

He said he uses his saying to promote the community and draw the eye
of the consumer.

The town was named after Abner Weed in 1901, a lumber baron who also
served as a state senator a century ago.

"All our products identify with the community and our geographical
region," Dillman said. "I have never insinuated anything other than
a pun to encourage people to come and enjoy the town and the business
for what they are - unique and individual."

Pictured on every beer label sold is the Weed Arch, a metal archway
situated at the entrance of the town's downtown area, which Dillmann
himself helped erect in 1988.

The brewery recently took delivery of a 400,000 cap order at a price
of around $10,000. Dillmann could be out that money if the ATTTB
rejects his appeal.

The saga has captured the attention of countless people around the world.

Dillmann said he has received over 1,200 supportive letters, emails
and phone calls from individuals and groups, some wanting to appoint
him as their official spokesperson. He has even won the support of
congressman Wally Herger and U.S. Sen. Barbara Boxer, as well as many
local government officials.

"I'm leading a charge," Dillmann proclaimed waving a hefty stack of
support letters. "People are totally irate with this." Then he adds
his recently coined cliche: "It's my little bottle cap heard round the world."

Dillmann said the controversy has been physically and emotionally
draining on him and his family. But, he says, he is staying positive
and is confident the issue will eventually end in his favor.
"Besides, I haven't broken any laws," he said.

Dillmann said he believes he and the ATTTB will eventually come to an
agreement. But until then it's business as usual at the brewery.
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