LEGAL ACTION IN TEXAS

[amshih]

The crux of these lawsuits is that state governments cannot treat out-of-state shipments differently than in-state shipments. Most states allow shipment of alcohol within the state, but raise a big stink when the alcohol comes from an out-of-state supplier. From my view as a consumer, it shouldn't make ANY difference where I buy the alcohol -- if taxes and ID are the true issues, I'm willing to pay my taxes and show my ID.

The Interstate Commerce Clause in the Constitution forbids states from favoring in-state interests at the expense of out-of-state interests -- in other words, no in-state protectionism. But the 21st Amendment mucks things up because it gives states the right to regulate alcohol. So now the question becomes: how much can a state regulate alcohol without violating the Interstate Commerce Clause? What restrictions are OK and what ones aren't?

That's why these lawsuits are being filed -- we're arguing that states are overstepping their Constitutional boundaries, and we're also arguing that a state's violation of the Commerce Clause constitutes a violation of consumers' civil rights.

[This message has been edited by amshih (edited 04-29-99).]

[This message has been edited by amshih (edited 04-29-99).]