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GRAPEVINE (CBSDFW) - Gary Humble has produced his beer for two years now.

But when the President and CEO opened Grapevine Craft Brewery in Grapevine two months ago, he says, "Immediately, the tap room and beer garden has become roughly 10 to 20% of our business which is huge."

But Humble says it's not as big as it could or should be because of a state law that prevents him and other microbreweries from selling beer here and allowing customers to take it home.

If the state did allow that, he says, "We'd see a 50% increase in our tapping operations here from day one."

So Humble is joining a federal lawsuit filed by Deep Ellum Brewing Company in Dallas to challenge state law.

Owner John Reardon says other microbreweries across the state may also join him.

Wineries such as Bingham Family Vineyards in Grapevine are allowed to sell their bottles directly to customers.

Without it, Kyle Bingham says he'd lose 60% of his profit so he's on the microbreweries' side.  "We're seeing that the more Texas wine is deregulated, the more we're growing and the more quality we're bringing to the consumer.  Craft breweries are doing the exact same thing."

Efforts to change state law have failed.

While Grapevine Craft Brewery sells its beer to distributors and retailers throughout Texas, Humble says he has to compete against out of state microbreweries that don't face the same restrictions.  "So they have revenue that we don't have with the ability to build back into that business.  So they're coming here with money to flood the market with marketing and product."

Deep Ellum Brewing Company has already started an effort to raise money called SueTABC: Operation Six Pack To Go and has created a website.

The state TABC isn't commenting, citing the pending litigation.

I called the Beer Alliance of Texas, which represents distributors, but I never heard back.

Follow Jack on Twitter: @cbs11jack

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