A business owner says Virginia’s restrictions on advertising happy hour drink specials are unconstitutional. Now he's challenging the rules in a federal lawsuit.
Plenty of people raise a glass during happy hours around Virginia. And restaurant owners try to bring in those customers with advertising.
But it’s what the Alcoholic Beverage Control Board won’t allow those ads to say that led Northern Virginia restaurant owner Geoff Tracy to sue.
He’s represented by Anastasia Boden of the Pacific Legal Foundation. "So it’s perfectly legal to have happy hour. It’s just illegal to talk about it," Boden says. "And so for Chef Geoff that not only violates his Constitutional right to free speech, it also costs him important business opportunities because he’s unable to compete based on price or to use creative phrasing to attract new customers."
Current ABC regulations only allow the phrases "Happy Hour" or "Drink Specials." They also don’t allow advertising of special prices outside the establishment.
"Price is the most important thing about happy hour," Boden argues. "Price is what drives business. It’s what drives people to come to your restaurant. It’s the first thing people want to know. So if you can’t tell them that important piece of information you’re deprived of your ability to compete with other businesses based on price."
Boden says she hopes the lawsuit can be resolved in a few months.
A spokesperson for the ABC Board said it could not comment on pending litigation. She did provide this summary of the current regulations,which you can read by clicking here.
