BAESSLER v. Freier, 2011 WY 125

Appellants are personal representatives of estates of Allan and Carol Munkberg, killed in a crash by LaBrie who died in the same incident.
LaBrie became intoxicated after drinking at Stockman’s Bar Basin and Smokehouse Saloon Greybull, both owned by appellees; he was highly intoxicated and employees continued serving him.
Appellants sued for wrongful death/negligence and sought a declaration that §12-8-301(a) is unconstitutional if it immunizes providers.
District court dismissed for failure to state a claim, citing Greenwalt and holding §12-8-301(a) constitutional.
Issues focus on whether “legally” includes municipal ordinances; whether immunity violates equal protection or Wyoming’s “special laws” provision; court affirms dismissal.
Court’s decision emphasizes Greenwalt precedent that Title 12 comprehensively regulates liquor liability and that municipalities cannot create a different standard through ordinances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does "legally" in §12-8-301(a) cover municipal ordinances?	Baessler argues it does.	Freier argues it does not.	No; "legally" means compliance with Title 12 only.
Is §12-8-301(a) constitutional under equal protection if municipal ordinances are covered?	Baessler contends unequal treatment without ordinance coverage.	Freier maintains statute passes equal protection under Greenwalt.	No constitutional violation; statute valid under equal protection doctrine.
Is §12-8-301(a) a special law violating Art. III, §27 Wyoming Constitution?	Baessler argues it creates unlawful classifications via Ordinances.	Freier argues statute has general applicability statewide.	Not a special law; applies uniformly to liquor vendors.

Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyoming Supreme Court, 2003) (held title 12 provision preempts municipal standards; statutes regulate liquor liability comprehensively)