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Court rejects ban on out-of-state wine sales!

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posted on May, 16 2005 @ 10:14 AM
I'll drink to that!

More info:

The Associated Press
Updated: 10:41 a.m. ET May 16, 2005WASHINGTON - Wine lovers may buy directly from out-of-state vineyards, the Supreme Court ruled Monday, striking down laws banning a practice that has flourished because of the Internet and growing popularity of winery tours.

The 5-4 decision strikes down laws in New York and Michigan that make it a crime to buy wine directly from vineyards in another state. In all, 24 states have laws that bar interstate shipments.

The state bans are discriminatory and anti-competitive, the court said.

“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.”

'Evenhanded' policy required
“If a state chooses to allow direct shipments of wine, it must do so on evenhanded terms,” he wrote.

Kennedy was joined in his opinion by Justices Antonin Scalia, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

At issue was the 21st Amendment, which ended Prohibition in 1933 and granted states authority to regulate alcohol sales. Nearly half the states subsequently passed laws requiring outside wineries to sell their products through licensed wholesalers within the state.

But the Constitution also prohibits states from passing laws that discriminate against out-of-state businesses. That led to a challenge to laws in Michigan and New York, which allow direct shipments for in-state wineries but not out-of-state ones.


posted on May, 17 2005 @ 09:56 PM
Score one for underage drinking!
Not that I would know anything about that...

It's quite good they did away with that, it was terribly restrictive and unfair to out of state wineries.

Oh, and please post a link.

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