Archive for the ‘Byrd v Tennessee’ Category

Nov 28, 2018

The Ugly Truth About Wine Retailers

Among the rarest of things is finding a person in business or politics who is willing to publicly tell the truth, even if it reveals something ugly about them and their industry. Usually, the person doesn’t realize the ugliness of their statement. I think that was the case with Veronica Litton, general manager and partner of the one-location Virginia Philip Wine, Spirits & Academy in Florida. In commenting on the possibility of Florida opening to wine shipments from out-of-state wine…

Nov 13, 2018

Wine Consumers Must Take Matters Into Their Own Hands

In late 2004, just prior to the coming Dec 7th oral arguments in the groundbreaking Granholm v Heald Supreme Court case, a number of groups and parties concluded their interests demanded they must inform the Court of their perspective on wine shipping in America. They decided they needed to make a case to the Court. They decided that justice required they tell the court the reasons they believed discriminatory wine shipping laws were good or bad for the country. So,…

Nov 4, 2018

Wine, Consumers and the Court

There is no other category of consumer whose day to day commercial habits are more impacted by politics than wine consumers. Their product choices, the places they can purchase products, the age at which they may purchase wine products, and the way by which they may purchase wine are all dictated by politics. The reason for this is the 21st Amendment to the Constitution, which dictated that in addition to ending 14 years of national prohibition of drinking, the Amendment…

Oct 12, 2018

The Supreme Court Must Rule on Wine Retailer Shipping

Since 2005 when the U.S Supreme Court ruled on the constitutionality of New York and Michigan’s discriminatory and protectionist bans on wine shipments from out-of-state wineries in Granholm v Heald, a certain legal and regulatory confusion ensued. The upcoming Supreme Court case being dubbed “Granholm II” is going to resolve that confusion. The new Supreme Court Case, Byrd v. Tennessee Wine and Spirits Retailers Association, will do this by clarifying exactly what is “unquestionably legitimate” when it comes to the three-tier system….