Tube Outfitters Deflated in Court: Liquor Laws Remain Unchanged

The Third District Court of Appeals in Austin upheld bans on beer bongs and Jell-O shots on the Comal and Guadalupe Rivers through New Braunfels, despite a fight by a group of tube outfitters and former New Braunfels Mayor Stoney Williams.

The ordinances were originally passed in 2006 and 2007 by the New Braunfels City Council, but the "Stop The Ordinances Please" group fought in district court to have the alcohol-related laws overturned.

The court of appeals upheld ordinances that the city could implement bans on "volume drinking devices," Jell-O shots less than five ounces and alcohol in 17 parks and city-owned properties. It also upheld  restrictions requiring no more than one cooler per tuber on the river. Coolers must also be 16 quarts or less.

However, the four outfitters in the suit - Texas Tubes, Corner Tubes, Rockin’ R’ River Rides and Gruene Home Run Batting Cages & Tubing - could still recoup some money, since the court agreed with their claim that they could no longer rent out the large coolers that they had purchased.

The appellate court also ruled that the outfitters could continue fighting whether the city can even enforce its laws on the rivers, which are state-owned waterways.

Those two issues could go back to district court for a final decision, if the outfitters choose to pursue further litigation.