A Well-Balanced Bar Trick - October 27, 2022

Just Tapped - This Week's Top Stories

I've long said that the best part of the beer business is the beer; the worst part is the business. That seems an appropriate sentiment this week as we take a look at two legal matters.

Ruthie Gets Her Day in Court

Thinking about using someone's name, likeness, and persona for your new IPA? This week's news offers something to consider. Following a failed attempt at mediation, this week we learned that a lawsuit involving the family of Ruthie Bisignano and Exile Brewing Company of Des Moines, Iowa is headed to trial. Ruthie Pale Lager, the top-selling beer from Exile Brewing, is named after a legendary local business owner and bartender who became famous for offering customers “a well-balanced beer.”

Back in the 1950s and 1960s, Ruthie owned and operated Ruthie's Lounge in Des Moines. She gained widespread notoriety for performing an eye-catching bar trick: she could balance two beer glasses on her breasts, fill them, and deliver them to patrons without using her hands. Everybody loved it. Well, not exactly everybody. In the 50s, she was charged with indecency multiple times but was always acquitted. People described Ruthie as a sassy, tough, quick-witted, independent, confident business operator and woman. She died in 1993.

The bar trick isn't really what matters here. It just explains why folks around Des Moines might recognize Ruthie's name. In 2012, Exile Brewing opened for business and introduced its flagship beer, Ruthie Pale Lager, which featured artwork depicting Ruthie performing her famous balancing act. A couple of years ago, Ruthie's estate filed a lawsuit asserting that the brewery used her name and likeness without authorization. The matter has been making its way through the system and is now headed for trial. Read more about the dispute and Ruthie Bisignano here.

I'm Gonna Huff, I'm Gonna Puff... 

The outcome of this case could have implications for breweries across the nation. Three small breweries from Washington state banded together to file a lawsuit against the State of Oregon. The three breweries are Garden Path Fermentation, Fortside Brewing, and MIRAGE.

It’s a twist on The Three Little Pigs. In this version, the three little pigs (the breweries) are huffing, puffing, and trying to blow down a brick house. The plaintiffs’ complaint alleges that Oregon law discriminates against out-of-state breweries. The right to self-distribute beer and the right to ship beer directly to consumers in Oregon are the key issues here: Oregon breweries can do it, while out-of-state breweries must use a licensed distributor. Other states have similar laws, which is why this matter impacts breweries beyond the Pacific Northwest.

The suit was filed in late July. In late August, a reply from the Oregon side sought to dismiss the suit, suggesting that the three little pigs were blowing at the wrong house. Oregon’s retort asserted that the three individuals/officers named in the suit were immune from the suit because they cannot act alone. The latest volley, from the Washington side, is a proposed amended complaint adding six commissioners from the Oregon Liquor and Cannabis Commission to the complaint. Essentially going after the entire OLCC. Next, we wait to see if the court rules that the case can move forward. We will keep an eye on this one for you. Read the original complaint filed by the plaintiffs here.

Around the Web

• The sparring continues in New Jersey as brewery owners, restaurantuers, and bar owners face off over proposed changes to state liquor laws.

• Wisconsin Brewing Co streamlines and shifts focus. Among other news, its Lake Louie brand will become the company's only public-facing brand.

• World Beer Cup 2023 - Registration opens on Nov. 1st. Last year 8,234 breweries entered more than 10,500 beers. What will this year bring? 

Firkin Finance

The NBWA Beer Purchasers’ Index (BPI) is an informal monthly statistical release giving distributors a timely and reliable indicator of industry beer purchasing activity. A reading greater than 50 indicates the segment is expanding, while a reading below 50 indicates the segment is contracting. It doesn't address how one segment is growing in comparison to another, just how each segment performed compared to the same month last year. Provided by the National Beer Wholesalers Association.

Beer Nuts

A lot of folks are talking about The Greatest Beer Run Ever, but beyond the story told in the movie, there's a real story behind it all. Want to know about the story behind the story? You'll be smarter than anyone else at the bar. You can read about (and even listen to) the backstory here.

Geek Speak

The term of the week is Enzymatic Hop Creep (Hop Creep). Beyond being the name of my imaginary Radiohead tribute band, hop creep refers to the restarting of fermentation during the dry-hopping phase of an otherwise finished beer. During dry hopping, enzymes in the hops can break down any remaining unfermentable dextrins and transform them into fermentable sugars. The resulting sugars are then free to ferment and produce alcohol and CO2. In other words, hop creep can change a beer into something the brewer did not intend. Read more about hop creep here.

Who the Heck Do We Think We Are?

Maybe you are wondering who's behind The Taster Tray. The short version is that The Taster Tray was started by two craft beer industry insiders--one from the "beer news and info" side of things and the other from the "I have a brewery" side of things. We are passionate about helping the craft beer industry grow, because independence matters. We still believe that a rising tide lifts all boats. In other words, we're all in this together. Thanks for paddling upstream with us. Enough cliches for you? Yeah, me too.

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