Beer Wholesalers–Little Boys With Skinned Knees

Posted by Tom Wark on Apr 27, 2010

"The law [H.R. 5034] will reinforce a 2005 Supreme Court decision, which
said states can’t discriminate between in-state and out-of-state
wineries in matters of direct to consumer shipping."
Paul Pisano,Vice President, Industry Affairs and Counsel at National Beer Wholesalers Association in The Naples News, April 27, 2010.

"…WITHOUT JUSTIFICATION"

Paul Pisano, who was as responsible as any single individual for writing the text of H.R. 5034—the bill that will lead to the end of direct shipment in many states—forgot to mention two little words in his attempt to mislead readers of the Naples News. He forgot to say that H.R. 5034 won't allow states to discriminate against wine shippers "WITHOUT JUSTIFICATION".

Here's what H.R. 5034 says:

"State or territorial regulations may not facially discriminate, without
justification, against out-of-state producers of alcoholic beverages in
favor of in-state producers."

So, guess what H.R. 5034 does? It allows states to pass discriminatory bans on direct shipping and justify them by the simple act of declaring, "we think this will help stop minors from obtaining wine". And under H.R. 5034 they don't have to defend their justifications like they were forced to when the Supreme Court of the United States slapped states and folks like Paul Pisano across the face for not being able to defend their ludicrous justifications for banning direct shipping.

So, why doesn't Pisano mention the importance of these two important words in the text of H.R. 5034? It's  simple: Pisano is unable to look consumers and wineries and retailers and congresspeople in the face and say what he knows: H.R. 5034 gives states the right to pass any kind of direct shipping legislation they want and it doesn't have to adhere to the simple constitutional principles that the Supreme Court said they must.

Put another way…Paul Pisano, liked a little boy with a skinned knee, is a cry baby who wants to change the the rules in the middle of the game so he and his wholesalers win…no matter how they screw consumers, producers, retailers or the vitality of the American wine market.