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+--- Thread: In case you missed it, Texas caves......... (/thread-12737.html)
- Bucko - 08-28-2003
Now, moving on to another law that should be thoroughly trashed:
http://news.mysanantonio.com/story.cfm?xla=saen&xlb=110&xlc=1045260 for the complete story.
Shipments of rare wines from outside the state to Texas consumers won't be challenged in the U.S. Supreme Court by the Texas Alcoholic Beverage Commission, the commissioners decided in executive session Monday afternoon.
A group of Houston wine lovers sued the TABC several years ago in federal court and won. But the state appealed the decision, preventing wine shipments directly to consumers' doorsteps until the U.S. Fifth Circuit upheld the decision.
Last month, the TABC took no action, leaving it in the hands of Texas Attorney General Greg Abbott to decide whether the state should take the issue to the nation's high court.
But at its regular meeting Monday, the TABC took General Counsel Lou Bright's recommendation that they not pursue an appeal. Instead, TABC staff is discussing what rules could be written to regulate the shipments from out of state while staying within court orders.
"I think that's the end of it," Bright said.
TABC will have to pay attorney fees to the plaintiffs of about $160,000 for the lower court case and the appeal.
Bucko
- hotwine - 08-28-2003
We're holding our breaths, awaiting the "implementing rules" from the TABC. As far as I've heard, FedEx and UPS still aren't delivering wine shipments from out of state, pending receipt of those new rules. No one wants to run afoul of the TABC - they have a well-earned reputation for ruthlessness in their zeal to enforce state alcohol laws and collect excise taxes. Forfeiture of licenses and seizures of property (vehicles, buildings, equipment) used to transport and store "contraband" have at times been commonplace. Suspect they might have served as the role-model for the Taliban.
- Innkeeper - 08-28-2003
Our cost cutting new governor, a Democrat of all things, cut out the MABC altogether, leaving enforcement up to local authorities. Our local law enforcement authority having recently gotten back from Kosovo, is packing up for Iraq as we speak!
- hotwine - 08-28-2003
Dang, wonder if we could mobilize the whole TABC to go along with him! Would rather ship 'em to some gulag, never to be heard from again...
Just visited the local UPS store and asked about wine shipments while there. "Nope", she said, "We still can't deliver wine in state."
[This message has been edited by hotwine (edited 08-28-2003).]
- Kcwhippet - 08-28-2003
Just have them catch a lift with the legislators when they skip the state again.