South Dakota Oglala Sioux tribe's beer lawsuit fails

[rachel1]

A federal judge has dismissed a case by an American Indian tribe that blamed beer sellers and makers for chronic alcoholism on their reservation.

Judge John Gerrard said there was "little question" that sales in a bordering Nebraska town had contributed significantly to the problem.

But he said federal courts did not have the jurisdiction to hold brewers or stores responsible.

The Oglala Sioux tribe sued beer stores and manufacturers for $500m (£309m).

http://www.bbc.co.uk/news/world-us-canada-19795838

Another travesty of justice occurs in the US and little to no one cares.

I hope they'll appeal it and that they'll be successful.

[msongs]

1. drinking alcohol is a personal choice unless one is held down and mouth forced open etc nt

[ProgressiveProfessor]

2. What would you have the courts do?

Declare the adults of the tribe are somehow not responsible for their own choices? That they are somehow too weak and need protections the rest of us do not? Do you want to Federal courts to restrict where adults shop and spend their money?

Yes I know alcoholism is a serious problem, especially on the reservation. However, I am not sure how a remedy that you would approve of could be fashioned.

What would you have the court do?

[X_Digger]

3. What civil liability should the stores have?

Were the buyers underage? Obviously intoxicated? (a crime in most states, but I admittedly don't know specifically about SD).

Does a store next to a dry county have an obligation not to sell to residents of that county? Under what law or standard of civil liability?

[tilsammans]

4. I had a feeling it would go that way.

Damn shame, but I never thought the tribe's case would hold up.

[former9thward]

5. Under what legal theory has "Another travesty of justice" occurred?