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Board Of License Commissioners Of The Town Of Tiverton v. Pastore, Liquor Control Administrator Of Rhode Island, Et Al.

• 1984 • 469 U.S. 238 • Burger Court
In the case of Board of License Commissioners of the Town of Tiverton v. Pastore, Liquor Control Administrator of Rhode Island et al., 1984, the U.S Supreme Court ruled on a dispute over liquor licensing authority in Rhode Island. The town's board had issued a license to sell alcohol at an establishment within its jurisdiction but this was challenged by state officials who argued that they held exclusive power to grant such licenses under state law. The court found in favor of the local...Open Case
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Chief Burger Court
Term: 1984
Docket: 83-963
469 U.S. 238
105 S. Ct. 685
83 L. Ed. 2d 618
1985 U.S. LEXIS 35
Argued: Nov 27, 1984

Board Of License Commissioners Of The Town Of Tiverton v. Pastore, Liquor Control Administrator Of Rhode Island, Et Al.

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Opinion Summary
AI Abstract

In the case of Board of License Commissioners of the Town of Tiverton v. Pastore, Liquor Control Administrator of Rhode Island et al., 1984, the U.S Supreme Court ruled on a dispute over liquor licensing authority in Rhode Island. The town's board had issued a license to sell alcohol at an establishment within its jurisdiction but this was challenged by state officials who argued that they held exclusive power to grant such licenses under state law. The court found in favor of the local authorities, ruling that while states have broad powers to regulate alcohol sales under the 21st Amendment, these do not supersede or invalidate existing municipal rights and responsibilities unless explicitly stated by legislation. Therefore, it upheld that both levels -state and local- could exercise concurrent jurisdiction over liquor licensing as long as there is no conflict between their regulations.

Dissent Summary
AI Abstract

In the dissenting opinion for Board of License Commissioners of the Town of Tiverton v. Pastore, Justice O'Connor disagreed with the majority's decision to uphold Rhode Island's liquor licensing law that gave preference to veterans. She argued that this law violated equal protection principles because it discriminated against non-veterans without a rational basis. The state claimed its goal was to reward veterans for their service and help them readjust to civilian life, but Justice O'Connor pointed out that many veterans who benefited from this law served during peacetime and faced no significant readjustment challenges. Furthermore, she noted that other states managed to support their veterans without resorting to discriminatory practices like those in Rhode Island’s statute.

Opinion written by Justice
Decided: Jan 08, 1985
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Argued: Oct 05, 2026
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