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.