No wine for you


iconThe Supreme Court has decided to hear arguments about the shipment of wine between the states. Given the financial incentive of alcohol taxes, many states regulate or ban the shipment of wine directly from other states. In other words, it may be legal for you to buy wine in your grocery store, but ordering it online might be illegal in your area.

Lawyers for Juanita Swedenburg, [Swedenburg Winery's] owner, told the Supreme Court that it is unfair that out-of-state wineries must go through an expensive bureaucracy of wholesalers and retailers to sell in New York, while in-state wineries can ship products directly to buyers.

"It's protectionist, and it's discriminatory," Clint Bolick, who represents the winery, told the Associated Press.

That may be true, but unfortunately life [especially in New York] isn't always fair. The problem for wineries stems from prohibition. When the Eighteenth Amendment was repealed, power was ceded to the states to regulate the interstate sale of alcohol. The Twenty-First Amendment clearly states:
The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
That means you cannot import wine into a state that forbids it. Without another Constitutional Amendment, (or judicial activism) I don't see it changing any time soon.


Category:  Pleasure Police
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