Feds OK beer can label with Pledge of Allegiance

OKLAHOMA CITY — Federal regulators have changed course and approved a businessman’s bid to include the Pledge of Allegiance on a beer can.

The controversial label initially was denied by the federal Alcohol and Tobacco Tax and Trade Bureau, and was the subject of a story Tuesday in The Oklahoman.

Don Sessions, a Los Angeles businessman originally from Ripley, Okla., said the media attention for his Ol’ Glory beer can design embarrassed regulators because the design clearly was protected by the First Amendment. “It’s freedom of speech,” said Sessions, 75. “They can’t stop me from using the pledge.”

The bureau’s initial denial said the pledge violated a federal statute prohibiting labels with images and statements relating to the American flag. The approval dated Wednesday does not dispute the use of the pledge.

Tom Hogue, spokesman for the bureau, said Ol’Glory modified the label to prominently place the statement “Not endorsed by or affiliated with the U.S. or any other government.”

Sessions already sells an energy drink under the Ol’ Glory brand. He said he was inspired to make a beer after National Guard members told him that they can drink one of his energy drinks but they would drink a six-pack of beer.

“The facts and law were overwhelmingly on our side,” said Robert Lehrman, an attorney for Sessions and Cold Spring Brewing Co. of Cold Spring, Minn., which will make the beer.

“This shows the First Amendment is alive and well. Even a small guy can still take on the federal government and win.”

Lehrman said a similar battle could occur as Ol’Glory seeks permission to sell the beer in individual states.

Sessions said he understands the controversy over his label, which emphasized the words “Under God” within the pledge. The red, white and blue design includes the phrase “A drink of Ol’ Glory is a salute to America” and the iconic image of U.S. Marines at Iwo Jima.

“A lot of Christians don’t want this on the label,” Sessions said. “We aren’t selling to them. We are selling this to the bars.

“If you are sitting in a bar and drinking this beer, you’ll think of America and you might think of God,” he said. “If you don’t like the pledge or God, don’t buy the can.”