Violates the right to religious freedom, is violative of the first amendment of the U.S. constitution, violates Kentucky’s equal protection provisions, is an arbitrary exercise of authority, is an unconstitutional tax on the personal property of a religious organization.

That’s what Danny Ray Johnson is alleging in an appeal against Kentucky’s Alcoholic Beverage Control in Jefferson Circuit Court.

Johnson was cited for violation of Kentucky’s alcohol laws in June 2008 for allegedly storing and selling alcoholic beverages without a license at the Heart of Fire Church. He was hosting a charitable event at the church to help injured members pay their medical bills and the event included food and beer. And in March of this year, his case went to trial, where he was found guilty.

Here’s an interesting portion of the latest brief filed in court on Johnson’s behalf:

Jeffers (ED NOTE: One of the ABC investigators) was asked if an ABC license would still be required for “a fundraiser with all proceeds going to the church” and answered “yes.” When asked whether the license would be required for the distribution of wine for communion, Jeffers did not know. When called as a defense witness, Jeffers acknowledged having seized a sign that reads “donations” on the night of the alleged offense. Despite the ample documentation in the ABC file that the beer was being offered for a donation, Wells testified that such situation was “not to [his] understanding.” When recalled, Wells testified that he did not see the sign marked “donations.”

None of the investigators saw Appellant sell or otherwise distribute alcohol, nor did they prove that the Heart of Fire was an event that was open to the public. These arguments were the subject of Appellant’s motion for directed verdict, which was denied by the trial court.

Appellant testified that the location in question was not open to the public, but that it was “church property and also [his] residence.” He further testified that he turned people away who tried to attend the church fundraiser on June 6, 2008. Id. Johnson testified that the donations were not needed for the food or drink provided at the fundraiser, and that the drinks would be provided even to those who could not afford it. Johnson also testified extensively about his personal believes regarding the definition and nature of “communion.” In Johnson’s belief, the food and drink being consumed at the fundraiser was a form of communion. Id.

In its closing argument, the Commonwealth stated that “you don’t get to have communion and give away beer at a residence,” and referred specifically to the definitions found in KRS 241.010. Judge Collins returned a verdict of guilty against Appellant.

The brief goes on to outline how Kentucky’s ABC allegedly violated Johnson’s religious freedom and says that beer should be held in the same regard as sacramental wine:

… a Catholic church could distribute an unlimited amount of wine for “sacramental purposes,” while Appellant’s church could not distribute so much as an ounce of beer for any religious purpose whatsoever. The failure to proscribe conduct that endangers the government’s interests in a similar degree renders the statutes substantially underinclusive, and therefore invalid.

This all may seem silly, but the case is working to strike down Kentucky’s ABC laws. It’s an interesting read, so take a look. (Warning: PDF Link)

You Drinky McDrinkersons should take note.