Daijiworld Media Network – Washington
Washington, Jul 21: The US Supreme Court has agreed to hear the case of an Alaska bush pilot challenging the state's attempt to seize his aircraft after a passenger carried a six-pack of beer on a flight to a dry village.
Kenneth Jouppi is contesting Alaska's move to confiscate his 1969 Cessna aircraft, valued at about $95,000, arguing that the forfeiture violates the Eighth Amendment's prohibition against excessive fines. The case is expected to be argued before the court later this year.
Jouppi was convicted of a misdemeanour alcohol-related offence after a passenger boarded his flight from Fairbanks to the dry village of Beaver in April 2012 with a six-pack of Budweiser hidden among groceries.
Before departure, Alaska State Troopers searched the aircraft and discovered the alcohol. Jouppi, his aviation company and the passenger were charged with knowingly transporting alcoholic beverages into a community where alcohol is prohibited. The passenger pleaded guilty, while a jury convicted Jouppi and his company. He was sentenced to three days in jail.
Following the conviction, Alaska authorities sought to seize the aircraft under the state's criminal forfeiture laws. The Alaska Supreme Court upheld the forfeiture, ruling in favour of the state.
Jouppi has argued before the US Supreme Court that confiscating an aircraft worth $95,000 over the transportation of a six-pack of beer amounts to an excessive punishment and violates constitutional protections.
"I'm in my 80s now, and I've been fighting this for over a decade because I see it as my duty to ensure that the Bill of Rights actually means something in protecting against government overreach," Jouppi said in a statement released by his attorneys from the Institute for Justice.
His lawyers contended that the Alaska Supreme Court failed to consider whether his actions formed part of any broader criminal conduct and instead treated the offence in isolation.
"Few excessive fines cases will present the issue so sharply; a decision upholding the forfeiture of an airplane for a six-pack is a self-recommending candidate for review," they argued in their appeal.
Lawyers representing the Alaska Attorney General's Office urged the Supreme Court to uphold the lower court's decision, arguing that existing legal standards had been correctly applied.
They maintained that alcohol abuse remains a serious issue in rural Alaska and that aircraft are often the only practical means of transporting alcohol into dry communities.
The Supreme Court's eventual ruling is expected to clarify the constitutional limits on civil and criminal forfeiture under the Eighth Amendment's Excessive Fines Clause.