“When retailers ship wine across state lines, that wine was likely purchased from a distributor. Would wholesalers really be that worse off with a national market for retail wine sales?”

http://www.bevsites.com/index.php/2010/02/have-you-talked-to-your-wholesaler-about-interstate-shipping/

The problem was that when the post-Supreme Court decision legislative frenzy to open up states occurred, wine retailers were left out of the laws that opened direct shipping. Why? As a tier they were not organized. They were not as sympathetic a group as wineries, retailer shipping was often sacrificed when back room deals were made to craft new shipping laws.

This is a state by state battle as others have noted. It’s unlikely that the congress will shape a national direct shipping law.

The only thing that lobbyists need to be aware of is that anything they lobby for must comply with the 21st Amendment’s call for state sovereignty over alcohol regulations as long as that sovereignty does not discriminate against another state’s industry through protectionism.

In this matter, the Congress, the Constitution, and the Supreme Court is having it both ways–they each claim that inter-state commerce cannot be controlled or distorted by individual states, but they also view alcohol as an exception to that rule. Instead of claiming it a complete exception, the court claims that when a state makes the exception it must be across the board–no protectionism.

It’s truly a distortion of the Dormant Commerce Clause, no matter how many times the Supremes say that it isn’t. The so-called originalists seem always to find a way to disregard original intent when it suits their ideology. When the commerce clause was inserted, I don’t believe that alcohol was treated as a special commodity needing special restrictions within and across state borders.

Nice piece. I totally agree that the first step is education. Free the Grapes! and SWRA are doing a good job with that, but I think we can all pitch in to help inform and educate consumers and lawmakers. For example, we can all help open up Maryland for wineries AND retailers by encouraging our friends in Maryland to check out Marylanders for Better Beer and Wine Laws at http://www.mbbwl.org/ . The opposition lobby is daunting for sure, but consumer awareness continues to grow, and the walls are cracking in many states to say the least. Three new states opened up for wineries that were previously prohibited this year alone (Kansas, Tennessee and Maine). I just don’t see any change at the federal level happening any time soon. So, we have to address this challenge one state battle at a time.

Another important component that is worth mentioning is litigation. The SWRA and Coalition for Free Trade are both doing a good job of taking the ongoing Granholm battle to the courts. In Massachusetts, arguments for an important appeal will happen in November to establish the constitutionality of capacity caps that could ripple into other states. In Texas, retailers are fighting a key battle to gain precedent for retailer shipping. Wins in the courts and precedent play an important role in not only opening up new states, but also in amending existing and creating new statutes without de-facto (non-facial) discrimination.

It’s a long battle that won’t end any time soon. Education and awareness are key, as is supporting the groups that are on the front lines.

Jeff, one other way for people to become literate about the issue is to take a look at the 21st Amendment to the Constitution.

As long as a state stays within the rules of that amendment, there is little that can change things, save a BIG lobbying effort against distributor money. The Granholm case was decided by the Supremes with an opt-out in it that particularly fits within the constitutional framework of the 21s Amendment.

Plus, the Supremes have consistently opined that alcohol is a special product, needing special constitutional consideration–read that to mean “restrictions.”

People fighting to do something on this issue need to know the constitutional roadblocks. The alcohol trade knows them well, and exploits them well.

This post was mentioned on Twitter by palatepress: Wine Liberty and Justice for All – http://b2l.me/q32j (via @palatepress) by @GoodGrape, a great write-up and call to action….