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Greenwalt v. Ram Restaurant Corp. of Wyoming6/26/2003
The Greenwalts suggest the true legislative purpose of § 12-8-301 is to protect alcohol vendors from the expense of liability insurance to cover their potential negligence. Lacking any indication in the legislative history of the intent of the body as a whole, we are offered evidence of the intent of the sponsor of the legislation which would suggest that, at least, to be his purpose. However, we cannot consider the intent of one legislator as reflecting the intent of the legislature as a whole. Independent Producers Marketing Corp. v. Cobb, 721 P.2d 1106, 1108 (Wyo. 1986). Obviously, if the Greenwalts' contention were true, it would not constitute a legitimate legislative purpose and would raise other constitutional issues such as the prohibition in Article 3, Section 27 of the Wyoming Constitution against special laws granting exclusive immunity to corporations or individuals. Having found the medical profession was not entitled to such preferential treatment, we certainly should not find alcohol providers are entitled to it. Hoem, 756 P.2d at 783.
I am fully cognizant of the deference we are required to give the legislature and our obligation not to encroach into the legislative field of policy making. However, it is likewise this Court's duty to declare unconstitutional statutes that clearly violate Wyoming's constitutional mandates. Painter v. Abels, 998 P.2d 931, 939 (Wyo. 2000). Even with considerable effort, I can find no rational relationship between this statute and a legitimate state concern. Following the rationale of our longstanding equal protection jurisprudence, I would find the Greenwalts have carried their burden of proof that the dram-shop statute creates classifications of tort victims and tortfeasors without furthering a legitimate state interest.
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