Does thia mean that I can now mail a fine bottle of Merlot to my friends in Indiania?Monday, May 16, 2005 - Page updated at 10:38 a.m.
High court: Ban on out-of-state wine shipments unconstitutional
By Hope Yen
The Associated Press
WASHINGTON — Wine lovers may buy directly from out-of-state vineyards, the Supreme Court ruled today, striking down laws banning a practice that has flourished because of the Internet and growing popularity of winery tours.
The 5-4 decision overturns laws in New York and Michigan, which supporters said were aimed at protecting local wineries and limiting underage drinkers from purchasing wine without showing proof of age. In all, 24 states have laws barring interstate shipments.
The court said the state bans are discriminatory and anticompetitive.
"States have broad power to regulate liquor," Justice Anthony Kennedy wrote for the majority. "This power, however, does not allow states to ban, or severely limit, the direct shipment of out-of-state wine while simultaneously authorizing direct shipment by in-state producers."
"If a state chooses to allow direct shipments of wine, it must do so on evenhanded terms," he wrote in an opinion joined by Justices Antonin Scalia, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
The ruling means that legislatures in the 24 states barring out-of-state shipments will have to review their laws to make sure in-state and out-of-state wineries are treated equally. As a result, states could choose to allow wineries to sell to consumers directly, but could also bar all wineries from doing so.
(more)
http://seattletimes.nwsource.com/html/businesstechnology/2002276556_webwineruling16.html
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
