Archive for the ‘Wine Legal Battles’ Category

Jun 18, 2019

Toward Better Liquor Control in an Age of Wholesaler Dominance

With the recently announced merger of wine and spirits distributor Young’s Market with Republic National Distributing, we now have three companies that control more than 60% of wine and spirits distribution market in the United States: Southern Glazers, the new Republic-National-Youngs, and Breathru Beverage. It has long been a near unbreakable tenet and motivation of state alcohol regulation that no single company be allowed to control too great a portion of the market. Back in 2017, for example, when state…

Jun 11, 2019

In Wine Law…Be Careful What You DO NOT Ask For

The recent opening of Florida for wine shipments from out-of-state wine retailers is a story of “be careful what you DON’T ask for”. In 2005, in the wake of the Granholm v Heald Supreme Court decision, a Florida Federal District Court ruled that the state was barred from enforcing its laws that banned out-of-state shipments of wine. At the time wineries rightfully celebrated. However, there was also in place an assumption that the Court order barring enforcement of the state’s…

Jun 3, 2019

The Leeches and Strawmen At The Heart of American Wine

Some folks believe that using a “Straw Man” argument is a sure sign of intellectual and personal weakness. Others believe the use of straw man arguments is a sign of fear—the equivalent of turning your back on a challenger and running as fast as you can. For the record, a straw man argument is defined as: “an intentionally misrepresented proposition that is set up because it is easier to defeat than an opponent’s real argument.” I want to thank the…

May 8, 2019

The State of Discrimination in Wine

Since the 2005 Granholm v Heald Supreme Court ruling that deemed it unconstitutional for a state to allow direct to consumer wine shipments from in-state shippers but not from out-of-state wine shippers, numerous subsequent court cases have challenged state laws that impact the direct shipment of wine to consumers. Many of these cases have challenged laws that remain on the books that allow in-state retailers to ship wine to consumers in those state but prohibit out-of-state wine retailers do to…

Mar 30, 2019

How Can We Screw Wine Consumers And Pretend Not To?

How hard can it be to write a law that simply allows consumers in a given state to legally receive wine shipments from sources outside that state? Believe me when I tell you, this is among the simplest legislative efforts under the sun. Yet, in Delaware, there appears to be aversion simplicity, not to mention fairness and support for consumers. A bill in that state, SB 49, is set to be heard in the Senate Banking, Business and Insurance Committee on…