Brew pubs muzzled by state laws

AUSTIN (KXAN) - You might think "free speech" is alive and well in Texas. But when it comes to selling beer, current state law appears to be overshadowing the First Amendment.

The Whip Inn at 1950 S. Interstate Highway 35 has been a popular neighborhood hangout since 1986. This summer the bar owners received a brewer's permit from the Texas Alcoholic Beverage Commission.

After acquiring the permit, the Whip Inn began selling house-brewed beers and ales with exotic names, such as Brahmale, which is made with local honey, grapefruit peel and lemongrass.

The new brews are catching on with customers.

"You'd think that since we got our brewing license that we could actually advertise on the outside of our building that 'we make beer' and tell people they can come here and enjoy it," said Dipak Topiwala, Whip In general manager.

But it turns out Texas state law says the business can't display a sign that says "We make our own beer."

"They can't even know that we have a happy hour here, much less that we make beer,” said Topiwala.

In Texas, brewpubs are forbidden to advertise in such a manner.

If Whip In had a liquor license, the state says the signage would be OK. But Topiwala doesn’t want to sell mixed drinks because it would mean higher taxes. Plus he would prefer to focus not on booze, but on his beer selection that pairs well with Indian cuisine.

"Liquor just encourages a different patron, basically," he said.

Other brewpubs across Texas have similar advertising restrictions.

Efforts to change the alcoholic beverage laws in recent sessions of the Texas Legislature have fallen flat.

The major brewers are a powerful lobby at the State Capitol, which contributes to the regulations against small brewpubs.