Regulatory Overreach in Wine is Losing

Meanwhile, in the land of the rational and inevitable:

1. New York State Liquor Authority attempts to destroy NY retailer for shipping wine to consumers in states where it is allegedly against the law to ship, despite there being no NY law that prohibits these shipments.

2. NY Retailer at disciplinary hearing wants to question State Liquor Authority personnel as part of their defense.

3. State Liquor Authority says “no”, you can’t call such witnesses.

4. NY retailers says, “Oh, really,” and takes the question to the judge.

5. New York Judge says the Liquor Authority, “failed to demonstrate a clear legal right to have the subpoenas at issue quashed at this juncture.”

The tale of Empire Wine in New York and the seeming vendetta that the New York State Liquor Authority has for this business will eventually come to a conclusion and the wine industry in New York and around the country will learn that state Liquor Authorities and Commissions are not the tools of only one part of the industry. They will learn that justifying the existence of the commissions and authorities ought not be accomplished by interpreting the law as if we live in the year 1934. They will learn that their consistent regulatory overreach will not be met with simply loud sighs.


3 Responses

  1. Steve - May 27, 2015

    Tom’s post should be alarming to most citizens, lovers of wine or not, as it displays the State of NY’s unadultrated overreach. To a casual observer it begs a couple of questions: 1. Why would they (State Liquor Authority) intentionally inflict wrongful harm on a private business? and, 2. What were they protecting for the citizenery of NY?
    I have been following the 3 Tier System, via Tom, for a while and it seems that a 1933 law was passed to protect the citizens and Federal coffers from “the mob”. Now, the 3 Tier (State system also) System seems to protect political campaign contributions only. It seems these distribution manipulation/monopoly cost the consumer mighitly. Seems like this system could add more than 30% to the product, eliminate market entry and maintain an artificial system of distribution for the benefit on non-elites. How would consumers like it if ALL services and products were forced to sell to the consumer via a 3 Tier System; bread, milk, etc., with no real benefit to the consumer?

  2. Randy Agness - May 27, 2015

    Bravo …

  3. tom merle - May 27, 2015

    Here’s what Charles Murray proposes: old fashioned civil disobedience backstopped by legal aid entities paid for by the aggrieved and freedom loving foundations. Check out these links. (2.42 minute summary of the book)

    Listen to the first 15 minutes:

Leave a Reply