David Brennan v. White County, Arkansas
DueProcess
1. Is Arkansas' local option law, which
social science research shows is ineffective at
reducing alcohol consumption and actually increases
DWI fatality rates, rationally related to the
legitimate governmental purpose of controlling the ill
effects of alcohol when viewed in light of a highly-
developed highway system, the ubiquity of the
automobile, and the affordability of gasoline?
2. Has Arkansas' local option law acquired
an unconstitutional irrationality under federal
substantive due process standards by way of
subsequent legislation allowing the serving of alcohol
by the drink in an unlimited number of "private
clubs," including restaurants, in dry jurisdictions?
3. Is Arkansas' local option law
unconstitutional under federal substantive due
process standards as a mere artifice for the
unconstitutional imposition of the morality of local
majorities on those whose conduct does not harm
others?
Is Arkansas' local option law rationally related to controlling alcohol's ill effects?