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[mrdutton]

There has been at least one other free commerce decision made recently in the State of Virginia. Although it was unrelated to wine, it specifically addressed the free commerce clause in the Constitution.

The decision was against Virginia which was trying to prevent "free trade". (Although a bit more complicated than that.)

It just seems to show that there might be "attitude" afoot in the courts and at least sets some kind of supporting precedence for other free trade issues - if it is upheld on appeal.

Recent decisions in Indiana and Georgia also seem encouraging.

As it is, I am restricted by the State of Virginia from purchasing wine directly from an out-of-state retailer. The State of Virginia authorities say it is a tax collection issue. That seems funny to me, because when I purchase non-wine items from Tavolo, Barns & Noble, Norm Thompson, etc., they charge me Virginia State sales tax. If it were a collection issue, how is it that these companies manage to get the funds collected to Virginia?

I can purchase wine from a Virginia retailer, and he can ship it to me. But I am basically "locked" into purchasing only those wines handled by the distributors in Richmond. That sure does limit my ability to broaden my wine purchases.

Geerlings & Wade has an office in Virginia, so I can purchase from their web-site. The only other non-Virginia business I know of that will ship to me is Virtual Vineyard (now known as wine.com). And they don't ship "directly" because the wine comes from a place in Chicago which has a license to operate in Virginia.

As an adult I should have the right to buy any wine I wish from any source I wish. As for the tax, Virginia tax law even has a provision that requires that I declare out of state purchases and pay the 4.5% sales tax on them - this is called the Virginia Consumers Use Tax. So how can the tax issue even be considered to be the primary issue here? Seems to me it can't. Virginia is just restricting free trade, pure and simple.

[This message has been edited by mrdutton (edited 02-18-2000).]