Actmedia, Inc. v. Jay Stroh

830 F.2d 957 ACTMEDIA, INC., a Delaware corporation, Plaintiff-Appellant, v. Jay STROH, as Director of the Alcoholic Beverage Control Board; and the Department of Alcoholic Beverage Control, Defendants-Appellees No. 84-5994 United States Court of Appeals, Ninth Circuit Argued and Submitted March 5, 1985 Decided May 12, 1986 James E. Merriman, Pacific Palisades, Cal., for plaintiff-appellant. Martin H. Milas, Deputy Atty. Gen., Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before GOODWIN, FLETCHER, and PREGERSON, Circuit Judges. FLETCHER, Circuit Judge: 1 Actmedia, Inc., a corporation whose business consists of leasing advertising space on supermarket shopping carts, appeals from the district court's judgment, following trial, dismissing Actmedia's declaratory and injunctive action against the California Department of Alcoholic Beverage Control ("ABC") and its director. Actmedia maintains that ABC erroneously interpreted section 25503(h) of the California Business and Professions Code, which forbids manufacturers and distributors of alcoholic beverages from paying retail establishments to advertise…