LOUISVILLE, Ky. (WHAS11) -- The next time you go into a grocery store don't expect to be able to buy wine or liquor along with your milk and bread.
A Federal Appeals Court has now reinstated the 76-year-old ban on Kentucky grocery stores, gas stations and other retailers from selling wine and liquor.
Major liquor stores are applauding the move but the mom and pop store that started it all is promising to keep fighting.
The owner at Maxwell's Pic Pac on Eastern Parkway, Dave Maxwell, feels they should be able to sell wine and liquor.
"We feel like we are not being treated fair. That we ought to be able to sell it," Maxwell said.
Three years ago Dave Maxwell filed suit challenging the ban that forbids groceries stores from selling more than beer. He won that challenge in 2012 but it was appealed and on Jan. 15 reversed by the Court of Appeals. His options are limited. He could sell it if he had a separate entrance.
"A small guy like us, the Krogers and such have separate entrances where they can sell it but we can't afford that," Maxwell said.
Now he says he is in limbo once again. But Sonny Arora who owns Liquor Palace applauds the decision.
"I'm happy. They have so many other things to sell besides liquor. Whereas here we already have people coming in and complaining about the prices," Arora said.
He says grocery stores generate enough income with groceries, if they can sell liquor it would cut into his profits.
"They can always make money on the groceries. So it would really hurt our business a lot," Arora said.
The plaintiffs, including Maxwell's Pic Pac are deciding what their next move will be.