NABC to Floyd County Commissioners, Health Department: “Cease and desist.”

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3:45 p.m. update: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

Just the words, ma’am.

Sent via Certified Mail along with Tort Claim Notice

August 2, 2013

Floyd County Commissioners
Pineview Government Center
2524 Corydon Pike STE 204
New Albany, IN 47150

Floyd County Health Department
1917 Bono Road
New Albany, IN 47150

Re: Cease and Desist – New Albanian Brewing Company/Bank Street Brewery

To Whom It May Concern:

I write to inform you that I represent the New Albanian Brewing Company and the New Albanian Bank Street Brewery. Please find the enclosed Tort Claim Notice.

On behalf of my clients, I demand that the Health Department immediately remove the photograph referred to in the Tort Claim Notice and post a corrective statement on the Floyd County Health Department website. The photograph, in the surrounding context, violates both state and federal law, as it comes from a government actor and amounts to both defamation and a violation of the First Amendment to the U.S. Constitution.

We expect better of our government. Thank you.

Sincerely,

Brandon W. Smith
BWS
Enclosure (Tort Claim Notice)

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