Progress in PA

Now that’s what I call Progress!!

A Federal judge in Pennsylvania has has knocked down the recently instituted change in that state’s shipping laws that removed the right of PA wineries to ship direct to consumers.  On what seemed to many as a decision made on a whim, the Liquor Control Board of PA reacted to their now discriminatory shipping laws by closing down all direct shipping rather than opening up PA to shipping by out-of-state wineries. This is known in legal terms as "leveling down", the practice of taking away privileges to address unconstitutional statues and laws rather than extending the privilege if this too would resolve the illegality.

The judge said that in taking away privileges that PA wineries had enjoyed for so long in an administrative, rather than legislative, way, and by not involving them in the process, violated due process (fairness).

That’s legalese for PA residents can order wine from anywhere they want at least until the PA legislature puts their hands in the mix.

Posted In: Shipping Wine


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