Wine and Shipping - Printable Version
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- Thomas - 11-13-2002 11:53 AM
A Federal judge in New York shot down the wholesaler's monopoly in NY by saying that wine shipping restrictions from other states is unconstitutional. He leaned on the side that NY has a wine industry and to restrict other state's wines from coming direct to consumers while alllowing NY wines to go direct to consumers is protectionism. Here's the problem with his ruling, and here's why it could win an appeal: all that has to happen to change the conditions of his ruling is for the wholesalers to lobby the state to prevent wineries from selling direct to New Yorkers. If they can do that, then his ruling loses its strength, and don't think for a minute they won't try.
But in his ruling, the judge did specifically say that the 21st Amendment, while it gave the states the right to regulate separately, never intended that the states had the right to protectionism. To the specious wholesaler argument that allowing shipping direct from wineries out of state would circumvent alcohol controls, the judge said nonsense; there are many ways to allow the shipments and to control them too.
The wholesaler appeal will definitely come.
[This message has been edited by foodie (edited 11-13-2002).]
- RAD - 11-14-2002 01:46 PM
No doubt, old habits die hard--but I say, let 'em die!