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Court Ruling & Texas Law Allow Wine By Mail PDF Print E-mail
Washington, DC -- Texas wine connoisseurs will be raising their glasses after a U.S. Supreme Court ruling and a newly signed state law uncorked wine by mail regulations. The high court Monday opened up markets nationwide for the wine shipments by mail, including htose in dry areas.
"This has been a great couple of days for me," said Les Constable, owner of Brushy Creek Vineyardsin Alvord. The changes may increase his sales by 30%, he said.
Previous Texas law had made direct shipment risky, said Constable, because wet and dry areas can be hard to distinguish. Out-of-state shipments, he said, were difficult because of Texas shipping restrictions and by protective legislation in states such as California, Virginia, New York and Michigan.
In its 5-4 decision, the high courtstruck down laws in Michigan and New York that prohibited out-of-state wineries from delivering to consumers.
Michigan and New York had argued that passage of the 21st Amendment, which repealed Prohibition in 1933, gave states power to regulate alcoholic beverages.


         The Majority Opinion

 
In its majority opinion, Justice Anothony Kennedy said states can't be given the power to discriminate against interstate commerce."State policies are protected under the 21st Amendment when they treat liquor produced out of state the same as its domestic equivalent," Kenedy said. He called Michigan and New York laws "straightforward attempts to discriminate in favor of local producers."

The majority decission brought a dissent from Justice Clarence Thomas. He argued that the lengthy history of Prohibition and post-Prohibition legislation  showed that states ratified the 21st Amendment with the understanding that they would be allowed to regulate -- even discriminate against -- out of-state brewers,distillers and vintners.

Texas vintners are not the only ones who may benefit from the changes. Bill Brinton of Charles Creek Vineyards in Sonoma, California said the changes in law make Texas wine consumers a very attractive market for vintners -- especially smaller vineyards -- from any state. "We're really excited about the possiblities in Texas," said Brinton, whose small operation yields 12,000 cases of wine per year. "The door is open, and we're going to charge in."
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