Monday, May 16, 2005

Revised--Supreme Court rules in favor of wine enthusiasts--well, sort of! (PB)

On May 16, the Supreme Court of the United States ruled that it is unconstitutional for a state to prohibit the shipment of wine out of state to consumers IF that particular state allows wineries in state to ship to consumers within that state.

Traveling to Napa a couple years ago I wanted to join a wine club at one of the wineries but was informed that it was illegal for them to ship wine to my house in the state of Maine. As Michigan and New York's laws were challenged and overturned at the federal level, I was optimistic that the Supreme Court would trash this law making it legal for any consumer to buy wine at an out of state winery having it shipped to their home or over the internet taking advantage of boutique wineries that do not distribute out of their state of production.

So my wife and I raised a glass to the U.S. Supreme Court but alas it was for naught!

So, it only means that if your state allows wineries in your state to ship to consumers in that state, it cannot prohibit the shipment of wine to your house from an out of state winery.

The state now has the obligation to change their state law so that it is consistent. In other words, they must change their current laws prohibiting shipment of wine from out of state OR they may prohibit all shipment of wine, both in-state and out of state, to consumers.

Back to the drawing board!


Anonymous said...

Coming from a wine lover(in Southern California),
I am sorry to hear that your celebration was so short-lived. We were all hoping that this ruling would open up the wonderful world or wine that we enjoy out here in California... however, it does not look to be the case, yet. I hope that you have found friends in other states that are very gracious gift-givers... and hopefully soon, you will be free to ship wine home from your many great journeys to the fantastic wine countries througout the world. Until then, cheers to you and your wife and remember that EVERYday is that special day for that special bottle you've been saving. :)

PB said...

I'll raise a glass to that! Thanks or the words--PB