Twin Falls 5th District Court Judge G. Richard Bevan is prohibiting the Idaho State Police Beverage Control from issuing alcohol beverage licenses in Twin Falls, Sun Valley, Ketchum, Hailey and Bellevue, in connection to a lawsuit pending against the agency.

Daniel Fuchs, of Dick’s Pharmacy in Twin Falls, is suing state police for allegedly denying him due process after the agency removed him 16 times from waiting lists for licenses and reimbursed him $5,175 in July. ISP used a two-year-old administrative rule against Fuchs, which prohibits people from holding more than one spot on a license list for a particular city.

Fuchs’ Boise-based lawyer, Brian Donesley, requested Bevan’s order be called a preliminary injunction at least until the lawsuit is resolved.

According to Bevan’s Nov. 5 order, ISP is enjoined, or prohibited from “notifying third parties of the availability of retail alcohol beverage licenses and/or fromissuing any licenses to third parties from the priority lists for the cities of Twin Falls, Sun Valley, Ketchum, Hailey and Bellevue.”

The order also states that beverage control is prohibited “from continuing any other administrative proceedings or actionspertaining to (Fuchs) regarding the priority lists for these cities, and restoring the status quo pertaining to the parties prior to (ISP’s) removal of (Fuchs’) name.”

The injunction could be changed or removed, according to the order, which states that both ISP and Fuchs agreed with it.

But Cheryl E. Meade, a deputy attorney general for the Idaho State Police, disagrees in court records. “This order stipulates and agrees to terms never agreed upon by Ms. Meade in discussions with Mr. Donesley.”

Meade claims that the order appears to bar state police beverage control from continuing any other administrative proceedings or actions on priority lists for the cities in question.

“I would never have agreed to these terms,” said Meade in an e-mail to Donesley that is filed with her objection to the order. “As I recall the stipulation was only to keep the agency from acting in issuing further notices to others on the waiting list, therefore I do have some concerns.”

Donesley, however, is satisfied with Bevan’s order, according to court records.

“I truly do not understand the concern,” said Donesley to Meade in an e-mail filed with the court. “And, the language you wish stricken is material to the protection my client seeks and has requested of the court.”

Meade has asked for a dismissal of Fuchs’ lawsuit, claiming he has not exhausted all administrative remedies. A hearing is set for Dec. 14 on her motion to dismiss and objections to Bevan’s order.

Donesley, however, says the case should continue.

“There are no administrative remedies to exhaust,” said Donesley in court records. “Rather, ISP’s retroactive application of its rules is contrary to Idaho law ... This court should deny ISP’s motion.”

The state limits liquor licenses to one per 1,500 residents in a city, and by-the-drink liquor licenses are subject to annual renewal and can’t be transferred for two years. The state’s alcohol beverage control bureau compiles “priority lists” for cities that don’t have liquor licenses up for sale. To get on a list, an application and half the licensing fee is required.