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July 3, 2009

Shipping wine across state lines -- but not to New York

This one is from Wine Spectator:

Federal Court Tells Out-of-State Wine Stores to Stay Out of New York

 . . .

A three-judge panel on the Second Circuit Court of Appeals ruled unanimously that New York's law permitting in-state retailers to ship wine directly to consumers but forbidding out-of-state retailers from doing the same is constitutional and within the state's rights under the 21st Amendment. The ruling upheld a 2007 district court decision, Arnold's Wines, Inc. v. Boyle. An Indiana store and two New York consumers sued to overturn New York's law, arguing that the Supreme Court's 2005 Granholm v. Heald decision, which forbids states from discriminating between in-state and out-of-state wineries, also applies to wine retailers. The district judge dismissed the case and the appellate court has now concurred.

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Hat tip; Steven H Sholk, gibbonslaw.com

July 3, 2009 | Permalink

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