Tomorrow, two attorneys — one representing the state of Michigan and another representing the Michigan Beer and Wine Wholesalers Association — will stand in front of one of the highest courts in the land and argue that discriminatory and protectionist laws that bar Michiganders from receiving wine shipments from out-of-state wine stores ought to be… Read more »
Posts Categorized: State Legislation
Honesty Prevails at Supreme Court Wine Case Hearing
We saw something remarkable at the U.S. Supreme Court yesterday when oral arguments in the case of Tennessee Retailers v. Blair were held. Too often, court cases obscure the practical reasons laws are enacted, instead focusing on technical legal reasoning. That didn’t happen yesterday. More than once the advocate for the Tennessee Wine & Spirit… Read more »
Supreme Court Has Chance to Decide if States Can Discriminate Against Wine Retailer Shipping?
Are there any circumstances under which the dormant commerce clause of the U.S. Constitution protects retailers and wholesalers from discriminatory state liquor laws? This is the underlying question the Supreme Court will be forced to answer if it accepts a Petition For A Writ Of Certiorari in the case of Tennessee Wine and Spirits Retailers Association… Read more »
Lessons From the New Hampshire Wine Shipping Debacle
On February 1, 2018, the writing was on the wall. The New Hampshire Liquor Commission’s attempt to convince the state’s lawmakers to strip out-of-state wine retailers of their right to obtain permits to ship wine to consumers was going to die in committee. The Commission’s response to this reality was unusual: The Liquor Commission chose… Read more »
Michigan Wine Lovers Have No Access to 89% of Wines
The increase in interstate wine shipment by wine retailers and wine stores over the past decade can be traced directly to 3 developments in the American economy: 1. A significant increase in the number and diversity of domestic and imported wine products in the U.S. marketplace 2. Increased access to information about these new and… Read more »
Who’s Killing The Fine Wine Retailers?
Independent fine wine retailers are at risk of commercial irrelevancy by being permanently shut out of the lucrative wine shipping channel and the expanded markets they need for future survival. A combination of their own shortsighted fear of competition, the emergence of multi-state retail licensees and retailers’ proclivity to side with industry groups that don’t… Read more »
Challenging State Wine Laws: The Tanford Interview, Part 2
In a previous post we introduced Alex Tanford, the Indiana attorney and professor who played a key role in moving the landmark Granholm v Heald Supreme Court case to fruition and who is currently challenging discriminatory laws in three states that ban retailer to consumer shipping. In this post, Professor Tanford addresses questions concerning the… Read more »
The Pitiful Selection of Wines Distributed in Texas
Perhaps the primary reason consumers benefit by access to out-of-state products is that the traditional three-tier system that puts products on the shelves in most states is terrible at providing consumers with choices. Consider the state of Texas. In the past 24 months, the Texas Alcohol Beverage Commission, which overseas alcohol sales and distribution in… Read more »
Texas Tests Anti-Competitive Theory vs. Free Markets in Wine
A recent story in the Houston Post highlighted a Texas lawmaker who has recently filed a bill challenging the state’s ban on consumer shipments of wine from out-of-state retailers. In the article, Representative Matt Rinaldi said the ban “is ridiculously anti-competitive… It is protectionist and it violates the rights of anyone who values the free… Read more »
What Modern American Wine Retailers Support
Each year state legislatures across the country see the introduction of new bills around January and February that in one way or another reform the alcohol beverage laws of their states. Some of the legislation is an honest attempt to make a highly regulated industry operate more smoothly or more efficiently or with more transparency…. Read more »