Expert: John Varghese - 9/26/2010

Question

Mr. Varghese,

             With so many attorneys specializing in different fields, I have no idea who to seek services from to fit my need. Here is my problem. I own a convenience store in a small town, and the town is going to vote to allow alcohol sales. The initial ordinance would not allow alcohol sales within 1000 feet of a school, church etc. The city realized that every business was within this range, so they changed it to 500 feet. I will be the only store in the whole town not allowed to sell alcohol. Not only will this hurt me, but my business will be worth substantially less if I decide to sell the store. I have worked hard to build my business, but this could have serious ramifications on me and my family. Do I have a legal argument? Also, what type/field attorney should I seek?

I really appreciate your time considering my plea, John  

Answer
Dear John,

I may not be able to help you out by suggesting an attorney, but I may be able to advice you that if you are the only person in the whole town who is affected by the new rule, you can challenge the rule as being arbitrary. It would be violation of your right to equality, and hence you can approach any constitutional court within your town area. You can find the lawyer from the town directory or you can directly approach the legal aid centre of your town, which would be most probably attached to the court, who will help you find a lawyer.

All the best.

Regards

John Varghese