A law banning out-of-state wineries from directly shipping their products to New York consumers is unconstitutional, a federal judge ruled last Tuesday.
U.S. District Judge Richard Berman ruled that the New York law 'constitutes a cut and dry example of direct discrimination against interstate commerce.'
The important goals of temperance and prohibiting the sale of wine to minors can be addressed in a nondiscriminatory manner for out-of-state as well as for in-state wineries.
The New York law, similar to laws in 29 other states, requires that imported liquors be distributed only through licensed wholesalers and retailers. Judge Berman found the state law to be discriminatory since New York allows in-state wineries to ship directly to New York consumers.
Berman plans to decide what remedy should result from his ruling after a legal conference on Dec. 5, 2005.
Wired News: New York Wine Law Struck Down
No comments:
Post a Comment