Ho? Ho? Ho? Maine Says No to Santa Label

In this image released by Shelton Brothers, the design for a beer bottle label is shown. In a complaint filed in U.S. District, Shelton Brothers accuses the Maine Bureau of Liquor Enforcement of censorship for denying applications for labels for Santa's Butt Winter Porter and two other beers it wants to sell in Maine. The episode is reminiscent of last year when Connecticut told Shelton Brothers it had problems with its Seriously Bad Elf ale. (AP Photo/Shelton Brothers) (AP)

PORTLAND, Maine -- A beer distributor says Maine is being a Scrooge by barring it from selling a beer with a label depicting Santa Claus enjoying a pint of brew.

In a complaint filed in federal court, Shelton Brothers accuses the Maine Bureau of Liquor Enforcement of censorship for denying applications for labels for Santa's Butt Winter Porter and two other beers it wants to sell in Maine.

The dispute recalls a similar squabble last year when Connecticut told Shelton Brothers it had problems with its Seriously Bad Elf ale.

"Last year it was elves. This year it's Santa. Maybe next year it'll be reindeer," said Daniel Shelton, owner of the company in Belchertown, Mass.

The lawsuit, filed Thursday, contends the state's action violates the First Amendment by censoring artistic expression.

But the state says it's within its rights. The label with Santa might appeal to children, said Maine State Police Lt. Patrick Fleming. The other two labels are considered inappropriate because they show bare-breasted women.

"We stand by our decision and at some point it'll go through the court system and somebody will make the decision on whether we are right or wrong," he said.

The lawsuit was brought by the Maine Civil Liberties Union, which says the beer labels are entitled to First Amendment protection.

"There is no good reason for the state to censor art, even art found on a beer label," said Zachary Heiden, staff attorney for the MCLU.

The label for the English-made Santa's Butt Winter Porter features a rear view of a beer-drinking Santa Claus sitting atop a barrel. The beer's name refers not only to Santa's ample backside, but also to the barrel. In England, brewers once used a large barrel called a "butt" to store beer.

Maine also denied label applications for Les Sans Culottes, a French ale, and Rose de Gambrinus, a Belgian fruit beer.

Les Sans Culottes' label is illustrated with detail from Eugene Delacroix's 1830 painting "Liberty Leading the People," which hangs in the Louvre and once appeared on the 100-franc bill. Rose de Gambrinus shows a bare-breasted woman in a watercolor painting commissioned by the brewery.