Mexicali brewery referendum unconstitutional: bar association

The Mexican Bar Association announced its legal opinion on the legality of a referendum to halt construction of a brewery in Mexicali, Baja California: they say it’s unconstitutional.

Nearly 37,000 residents of Mexicali and surrounding areas voted overwhelmingly to reject Constellation Brands’ US $1.4-billion plant over the weekend.

The association said in a press release that the consultation violated four articles of the Mexican Constitution, making it illegal to force the company to halt construction.

Calling the vote a “participatory exercise,” it also claimed that the results of the referendum were not intended to be legally binding.

“… its results cannot be binding because that would mean that the [permits] already issued could be revoked by a groundless participatory exercise, … without due process, resulting in the violation of article 14 of the Constitution,” it said.

Citizens of Mexicali have protested the plant for years, citing the threat they say it poses to the area’s water supply, though construction is now 65% complete.

Constellation Brands claims that the plant will not negatively affect the water supply and will create 32,000 direct and indirect jobs.

Although the National Water Commission and the Environment Ministry had both stated that their inquiries revealed that the plant would not negatively affect the water supply in Mexicali, they will not issue future permits as a result of the referendum.

A Heineken bottling plant located in Tecate, which gets its water from the same aquifer the Mexicali plant would use, is currently increasing its output by 25% and has received no opposition at all from the public.

The Bar Association urged federal authorities to comply with the Constitution and the international trade agreements that afford certain rights to Constellation Brands, “strengthening our deteriorated state of law with justice.”

Seeing Constellation Brands experience so many problems completing the Mexicali brewery, the governors of Nayarit and Tabasco have both recently invited the company to visit their states to find more welcoming investment opportunities.

Source: Milenio (sp)

Have something to say? Paid Subscribers get all access to make & read comments.
During his address at the inauguration, Economy Minister Ebrard expressed his gratitude to the Indian Embassy for their organization of the event and shared that he plans to visit India to fortify the growing bilateral trade relationship.

Mexico’s economy minister inaugurates consortium of binational trade chambers in bid for greater cooperation

0
Among the 23 chambers that are part of the new forum are the American Chamber of Commerce of Mexico, the Canadian Chamber of Commerce in Mexico, the Mexico-China Chamber of Commerce and Technology and the Trade and Commerce Council of India and Mexico.
agave plants

The world can’t get enough mezcal. Oaxaca’s forests are paying the price

1
The boom in mezcal production is stripping hillsides, stressing water supplies and fouling rivers. Mezcal makers say they're trying to mitigate the damage, but the scale of the problem is daunting.
renovations at Mexico City international airport

Clock ticks on remodel of Mexico City International Airport as World Cup nears

0
Renovations at both terminals of Mexico City International Airport (AICM) are only around half complete after 10 months of construction, meaning they will not be finished in time for the 2026 FIFA World Cup, according to the airport’s director general.
BETA Version - Powered by Perplexity