SAN FRANCISCO, Calif. (KRON) – Small craft beer companies are suing Governor Newsom over the state’s public health orders. 

The California Craft Brewers Association says they have been unfairly treated in reopening plans and would like the same pathway given to others in the alcohol business.

Essentially, breweries want to know why they’re required to serve food when places like wineries have been able to reopen operations without serving food. 

Small craft beer companies say they rely on people coming to their breweries for business and their pleas for help have fallen on deaf ears.

Craft breweries across the state are seeking fairness from Governor Newsom and state health leaders when it comes to reopening.

A lawsuit filed last week says they’re being treated unequally compared to their cousins in the wine industry.

“What makes it safer to have a meal with your beer and it’s not needed when you have a glass of wine? That doesn’t make any sense the only difference between those two is what the product is,” Leia Bailey said.

Leia Bailey, associate executive director of the California Craft Brewers Association says it’s unfair for breweries to be forced to serve food when wine manufacturers do not have to. 

Breweries that are not equipped with kitchens will be dependent on another business like a food truck in order to stay open.

Bailey argues the playing field should be equal when it comes to on-site alcohol tastings.

“This is just clearly unfair and we just need to do something about it. We need to help our fellow brewers we’re all in this together,” Jim Woods said.

Jim Woods is the founder of woods beer and wine company. 

He says the lawsuit was a last resort to get a fair shake for the state’s one-thousand fifty craft breweries.

Businesses like his will not be reopening until 2021 but when the time comes breweries want the same privileges as their 4,000 wine making counterparts.

“We know things will open up eventually we just want to make sure that we have an equal framework in place so that when things open up we’re treated fairly,” Woods said.

Right now, Bay Area breweries and wineries are closed under the state’s stay at home orders. 

The suit also alleges wineries and breweries have identical manufacturing facilities that operate under the same COVID-19 risk factors. 

The governor’s office has not commented on the lawsuit.

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