27 USC 122a - Injunctive relief in Federal district court

U.S Code last checked for updates: Jan 18, 2025

§ 122a.

Injunctive relief in Federal district court

(a)

Definitions

In this section—

(1)

the term “attorney general” means the attorney general or other chief law enforcement officer of a State or the designee thereof;

(2)

the term “intoxicating liquor” means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind;

(3)

the term “person” means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and

(4)

the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

(b)

Action by State attorney general

If the attorney general has reasonable cause to believe that a person is engaged in, or has engaged in, any act that would constitute a violation of a State law regulating the importation or transportation of any intoxicating liquor, the attorney general may bring a civil action in accordance with this section for injunctive relief (including a preliminary or permanent injunction) against the person, as the attorney general determines to be necessary to—

(1)

restrain the person from engaging, or continuing to engage, in the violation; and

(2)

enforce compliance with the State law.

(c)

Federal jurisdiction

(1)

In general

(2)

Venue

(3)

Form of relief

(4)

No right to jury trial

(d)

Requirements for injunctions and orders

(1)

In general

(2)

Additional showing for preliminary injunction

No preliminary injunction may be granted except upon—

(A)

evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and

(B)

evidence supporting the probability of success on the merits.

(3)

Notice

(4)

Form and scope of order

Any preliminary or permanent injunction entered in an action brought under this section shall—

(A)

set forth the reasons for the issuance of the order;

(B)

be specific in terms;

(C)

describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and

(D)

be binding upon—

(i)

the parties to the action and the officers, agents, employees, and attorneys of those parties; and

(ii)

persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise.

(5)

Admissibility of evidence

(e)

Rules of construction

This section shall be construed only to extend the jurisdiction of Federal courts in connection with State law that is a valid exercise of power vested in the States—

(1)

under the twenty-first article of amendment to the Constitution of the United States as such article of amendment is interpreted by the Supreme Court of the United States including interpretations in conjunction with other provisions of the Constitution of the United States; and

(2)

under section 122 of this title as such section is interpreted by the Supreme Court of the United States; but shall not be construed to grant to States any additional power.

(f)

Additional remedies

(1)

In general

(2)

State court proceedings

(Mar. 1, 1913, ch. 90, § 2, as added Pub. L. 106–386, div. C, § 2004(a), Oct. 28, 2000, 114 Stat. 1546.)

cite as: 27 USC 122a