David Brennan v. White County, Arkansas
DueProcess
Is Arkansas' local option law rationally related to controlling alcohol's ill effects?
QUESTIONS PRESENTED FOR REVIEW 1. Is Arkansas' local option law, which social science research shows is ineffective at reducing alcohol consumption and actually increases DWI fatality rates, rationally related to the legitimate governmental purpose of controlling the ill effects of alcohol when viewed in light of a highlydeveloped highway system, the ubiquity of the automobile, and the affordability of gasoline? 2. Has Arkansas' local option law acquired , an unconstitutional irrationality under federal substantive due process standards by way of subsequent legislation allowing the serving of alcohol by the drink in an unlimited number of “private clubs,” including restaurants, in dry jurisdictions? 3. Is Arkansas' local option law unconstitutional under federal substantive due process standards as a mere artifice for the ~ unconstitutional imposition of the morality of local majorities on those whose conduct does not harm others?