Reply #69: Depends on your state's law

[happyslug]

Under the Second section of the 21st Amendment (The First section repealed prohibition, the Second Section is what is the subject of this case) State's retain the right to regulate Alcohol made in or imported into the state. This ruling only says that when it comes to such regulations it must be the same for in state and out of state makers of Alcohol.

My understanding of Pennsylvania law says you CAN not call a wine maker and order wine. You can go to their plant (and one store) but not order over the phone. I see this being upheld under the 21st Amendment on the grounds that the same rule applies to out of state vintners (i.e. they can sell to Pennsylvania residents who travel to their vineyards).

The off-site store is different, but in such stores the vintner can only sell his or her products. Until the Liquor Control Board makes a ruling on this subject an out of state Vintner does not even have that option. Please note Under Pennsylvania Liquor law, the Pennsylvania Liquor Control Board (PLCB) legal staff's opinions have the full effect of law. Thus it will be interesting what the Legal Staff writes about this decision. I foresee the Legal Staff saying that this decision has no effect on Wine Sales in Pennsylvania (i.e. Wine sales independent of the PLCB will still be illegal).

I just do not foresee a challenge on the Wine Stores, not because I see the rule restricting such stores to Pennsylvanian Vintners as NOT violating the Commerce Clause, but the best a litigate could hope to win is the right to set up a similar store, one store for all of Pennsylvania and in that store only sell their Wine. Such a right will have no real economic gain for a litigate and such a ruling would satisfy this latest ruling by the Supreme Court (i.e. if the Court orders Pennsylvania to treat out of State Vintners like In-state Vintners, all the litigate gets is the right to set up one store and in that store only sell what their produce, the exact same rights Pennsylvania Producers have). Thus I do not see anyone attacking the Pennsylvania Rules on Liquor based on this ruling.