Talk about suits with no merit – this qualifies.

The South Carolina Supreme Court has tossed out a lawsuit filed by barbecue magnate Maurice Bessinger accusing several grocery store chains of unfair trade by not selling his sauce on their shelves.

Nine chains with over 3,000 stores between them removed BessingerÂ’s mustard-based barbecue sauce in 2000 after he raised the Confederate flag over his restaurants in protest of the General AssemblyÂ’s decision to take the Confederate flag off the top of the Statehouse dome.

News stories at the time also pointed out Bessinger distributed literature at his restaurants with titles like “The South Was Right” and “Myths of American Slavery.”

Bessinger sued Bi-Lo, Food Lion, Harris Teeter, Kroger, Publix, Wal-Mart, SamÂ’s Club, Winn-Dixie and Piggly Wiggly stores, asking for $50 million. He said they violated his right to free speech under the stateÂ’s Unfair Trade Practices Act by removing his barbecue sauce.

The state Supreme Court recently upheld rulings by two lower courts that BessingerÂ’s case did not have enough merit to be heard by a jury.

Bessinger attorney Glen Winston LaForce Sr. said the ruling ends BessingerÂ’s legal fight.

“Mr. Bessinger is still proudly flying the Confederate flag. He stood for his principles, and I’m proud of him for that,” LaForce said.

I’m sorry, but there is no merit to the lawsuit from a constitutional standpoint – after all, no state action is involved in the actions of the stores. And I don’t see how the decision of the stores can run afoul of a state statute – after all, these stores have every right not to associate themselves with the speech of Mr. Bessinger. Indeed, I’d argue that any statute that required them to do so would constitute a violation of THEIR rights under the First Amendment.

Posted by: Greg at 09:49 AM | No Comments | Add Comment
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