WASHINGTON - 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 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.{...}
Hurrah for interstate commerce!
{Hat tip: Absinthe and Cookies}
Posted by Kathy at May 16, 2005 11:39 AM.. as a Southerner... I must say this now.. "Viva State's Rights!"..
Posted by: Eric at May 16, 2005 07:26 PMOf course, if your state is a big meany, they can just stop all wine shipments from within the state so they can stop out of state shipments. It wasn't as happy news as I thought it was when I posted this morning.
Posted by: Ith at May 17, 2005 01:15 AM