Apr 9, 2014
There are pros and cons to the idea that the loser in a civil lawsuit ought to be required to pay the legal fees of the winner. The “pro” side of that argument was aptly demonstrated in this lawsuit, brought by a wine drinker who sued a wine retailer simply because he did not like the wine be bought from the store. First, imagine the kind of marketplace that would be created if a consumer could return a product and…
Mar 20, 2014
THERE IS A WAY. In response to my recent post on Repealing the State Mandated Three Tier System, I’ve received a number of pessimistic comments and emails that essentially go like this: “But Tom, what can really be done. The wholesalers and the three-tier system are entrenched and too powerful.” The State-Mandated Three Tier System and its wholesaler supporters are indeed entrenched and quite powerful. But, there are ways to begin to undermine this system that harms wineries, retailers…
Mar 18, 2014
When bribes are described as “the process” and when lawmakers admit they are happily in the pockets of alcohol wholesalers, it’s clear it’s time to change something. And everyone knows it: For the majority of alcohol beverage producers, it has become abundantly clear that single most important impediment to their continued success is the existence of the State-Mandated Three-Tier System (SMTTS) in state after state across the country. The artisan wine, beer and spirit producers know that a repeal of…
Mar 13, 2014
Remember what happened back in grade school when the bully started telling you how it was going to be and you decided to push back. Immediately the bully would run to the principle in tears, tell a lie or two, then beg for protection. Yes, I’m describing middlemen wine wholesalers who tend to run to daddy-lawmaker whenever they face the slightest bit of competition. They tell their lies about how the three-tier system is actually good for consumers or how…
Mar 13, 2014
An opportunity to open the State of South Dakota for direct to consumer wine shipping failed recently when Senate Bill 114 died in the House Energy and Commerce Committee. As a result, 11 states still prohibit winery-to-consumer shipping and 35 states still prohibit retailer to consumer shipping. Despite South Dakota not being the most populous state in the country nor a particularly important wine drinking state, the defeat of the most recent wine shipping bill there is the kind of…