Archive for the ‘Three Tier System’ Category

Sep 19, 2020

Recalling Justice Ginsburg as a Champion of the Wine Industry

Justice Ruth Bader Ginsburg will not be remembered or revered for her 21st Amendment or Commerce Clause jurisprudence. Nevertheless, it’s true that Justice Ginsburg provided reliable support for the view that the 21st Amendment to the Constitution (ending Prohibition) does not give the states unlimited power to regulate alcohol sales and distribution in their jurisdictions. Rather, Justice Ginsburg embraced an interpretation of the Constitution that has led to a radical re-imagining of the role of state regulation of alcohol. In…

Aug 24, 2020

What Would You Ask the Enemies of Wine Shipping?

If you had a chance to pepper with questions those folks who… -oppose interstate wine shipping -oppose consumers being able to access the wines they want but can’t find locally -have argued that direct shipping by wineries and retailers will not only harm children but also destroy the three-tier system -have taken every opportunity to tell courts that winery and retailer shipping is dangerous and harmful and that consumers would be happy with what the three-tier system gives them …what…

Aug 18, 2020

Distillers…It’s Time To Go Big…It’s Time for Systemic Change

In one way or another, nearly every sector of the alcohol biz has requested some level of government aid in their effort to survive the economic impact of the COVID 19 pandemic. In nearly every instance the specific aid request seems to shoot too low, particularly given the opportunity that this moment presents. A good example is the current effort by craft distillers and their various national and state trade associations to convince Congress to make permanent the federal excise…

Aug 4, 2020

The Top Ten Important Wine Questions

There are a variety of interesting and even significant questions staring the wine industry in the face right this minutes. They are the kind of questions that have answers that will significantly impact the wine industry and they are the kind of questions I like to ponder and often write about. These are ten of those questions and they are questions I don’t have answers to and in some cases, don’t even know how to evaluate. Do you? ONE Fifteen…

Aug 3, 2020

Imagine if Selling Shoes Was as Absurd as Selling Wine

I recently had the opportunity to provide one half of dueling opinion pieces in the Columbus Dispatch. The issue was, “Should Ohio Restrict Online Sales of Spirits and Wine”. The reason for the dueling op-eds was as a response to the Ohio Attorney General’s claim that out-of-state wine retailers illegally shipped into the state and his filing for an injunction against those retailers in Federal Court. My Op-Ed is here. The gentlemen providing all the reasons why Ohio consumers should…