Steve Bachmann
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The Wine Collector

Practical wine collecting advice from Steve Bachmann, Vinfolio's CEO

 
8
May
2008

Hypocrisy in wine shipping laws

Categories: Shipping-related

Why is an out-of-state retailer treated any differently than an out-of-state winery that is selling wine into a particular state?  The nature of the purchase transaction is exactly the same.

Return of the Stone Age in Illinois

Yet that is exactly what is happening in Illinois.  After over a decade of out-of-state retailers being permitted to ship to Illinois consumers, a new law is set to take effect June 1, 2008 which bans such purchases while continuing to allow out-of-state wineries to ship into Illinois (read Illinois opens to direct shipping - i.e. for wineries only). 

When the world is moving to purchase more and more goods online, why is Illinois going back to the Stone Age?   Answer: political contributions/influence and in-state self-interests trump free market competition.

I found it particularly ironic that the above linked article ends with a quote from a representative of the Illinois Department of Revenue trying to justify the state's position when the state is losing tax revenues from such sales that it could capture if it permitted sales by out-of-state retailers to occur.

California at risk too

As Tom Wark over at Fermentation points out in his appropriately titled post, Fixing Stupid Laws, California is at risk of making the same mistake as Illinois.  Why would some major California winery trade associations and even groups claiming support of free trade principles like Free the Grapes support such a ban of out-of-state retailers selling to California consumers when even in-state retailers welcome it?

The best solution

It's time for a federal law setting standards for regulating wine shipping by any licensed party (wineries, retailers, and even wholesalers).  Anything short of that will continue the patchwork of 50 sets of state laws that change constantly based on acts of economic protectionism and local political self-interest.

4 comments:

I agree Steve, the hypocrisy runs deep. The Commerce Clause gives the federal government authority over laws which effect inter-state commerce. Sometimes even indirectly. This clause also played a major role in the 60's during the civil rights movement, where Congress upheld the Civil Rights Act by saying that it was unconstitutional for a business to discriminate in a business which served primarily interstate customers. Why am I bringing up this well-known history? Because the inconsistency of shipping laws is (albeit on a very basic level) also a discriminatory application of inter-state commerce law. Of course it is not as emotionally charged, and I am not trying to compare racism with the 3-tier distribution system. But at the same time, as a great man once said, "Injustice anywhere is a threat to justice everywhere."

Posted by Sasha Bobylev at Friday May 9, 2008

Maniacal hypocrisy. The details escape me at present, but at first glance this legislation would seem to leave available a reasonably straight-forward extension of Granholm v Heald to include retailers. But practically speaking: at what cost? Illinois distributors would retain their dominance on the out of state market for the duration of litigation while the consumer is denied access. Congressional action seems the best alternative. But could a federal law consider quantities an individual can order/ have delivered, and how is that number conceived? I would imagine large (and unfortunate) though not unconstitutional, disparities if that determination were left to the state legislatures.

Posted by patrickmincey at Tuesday May 27, 2008

As an Illinois winery owner anything that makes it more complicated for customers to get good wine is Bad. Protecting the wholesalers is not good for American wine.
Wild Blossom Meadery & Winery- Chicago

Posted by Greg at Monday June 2, 2008

I just found out about this law today when I tried to have wine shipped to my house from my usual out of state source. I bought several cases per year on the net and now what can I do? I enjoyed shopping on line for the best deal which could be substantial at times. Just one more reason to have a strong dislike for the government! Back to paying insane taxes on wine bought locally and a poor selection at that.

Posted by William Wendorf at Sunday August 31, 2008






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