Image Credit: Lookout Winery Wedding / Facebook
The Tennessee Conservative Staff –
A family-owned winery in East Tennessee sued the Tennessee Alcohol Beverage Commission (ABC), accusing ABC of using deceitful tactics to issue a $5,000 citation for selling alcohol to a minor. The judge who heard the case agreed, calling it a “ruse” and a violation of the law.
Lookout Winery, owned by Chuck and Nouhaa Bordogna, is located above Nickajack Lake just outside of Chattanooga. The couple shared what happened on the day in question with Fox 17, a story that both sides agreed upon in court.
According to both parties, the Tennessee ABC sent an agent, along with a minor, to the winery in an attempt to get them to sell alcohol to an underaged individual.
Nouhaa Bordogna says the agent entered the winery and inquired about red wine as the teen stood silently behind her. She tasted a couple of samples and then stated that she wanted to purchase the “Italian Trio.”
Nouhaa Bordogna then rang up the order, went to the shelf to retrieve the wine, and bagged it for the customer. At the register, she placed the wine and receipt on the counter as the woman was turned around, pretending to be talking on her phone.
She then noticed $40 sitting on counter. As she took the 50 cents change from the register, the teen reached out collect it from her. Mrs. Bordogna says her phone rang, so she turned to answer it and did not see the pair leave the building.
A few minutes later, a different agent comes into the winery and gives her a $5,000 citation for selling alcohol to a minor, despite the fact that Bordogna never spoke to or had any interaction with the teen.
“I couldn’t even tell you what the kid looked like,” Nouhaa Bordogna said. “He had a hat… he actually has glasses, and we never talked. The conversation was between me and her.”
Chuck Bordogna, her husband and co-owner, added, “There was no conversation. The kid never drank. Never asked for the booze, which is what state statute says has to happen.”
Furious over the citation, the Bordognas decided to fight back, telling the agent they were going to court over the issue.
“I was brought up by people that you don’t let anybody push you around, and you don’t let an entity push you around,” Chuck Bordogna said.
So the Bordognas took the Tennessee ABC to court where a judge agreed that the ABC was using trickery to lead to the citation. The couple is still waiting to find out if the ABC will be required to reimburse them for the $40,000 they had to pull from their retirement accounts to cover the cost of the lawsuit.
Tennessee ABC has not attempted to defend the actions taken that day. In a statement, ABC Communications Director Aaron Rummage said:
“This incident did not reflect our usual practices or high standards of enforcement. We remain dedicated to fair and impartial enforcement and will use this experience to provide additional training, reinforcing our commitment to upholding the highest level of professionalism in every case we handle.”
