NY Suit Asks Court to End Ban on Direct Wine Sales

Share this content:
U.S. District Court Judge Richard Berman will hear arguments April 17 to decide whether New York State's ban on interstate wine shipments to consumers is constitutional.

The hearing comes after victories in North Carolina April 5 and Virginia March 29 in which federal judges ruled that bans on interstate, direct-to-consumer wine shipments are unconstitutional.

The plaintiffs, which include small wineries from Virginia and California,as well as wine consumers from New York State, seek the repeal of New York's ban on the direct shipment of out-of-state wines to consumers. New York, like 26 other states, requires out-of-state wineries to ship through wholesalers to reach consumers within its borders while no such restriction applies to wineries within New York state. The plaintiffs also want the court to strike down related restrictions on online advertising of wine sales.

The plaintiffs are Juanita Swedenburg, Swedenburg Winery in Virginia, David Lucas, Lucas Winery in California, and three New York residents, Patrick Fitzgerald, Cortes DeRussy, and Robin Brooks. The plaintiffs' suit is being coordinated by the Coalition for Free Trade and attorney Clint Bolick of the Washington, DC-based Institute for Justice.

The hearing stems form the lawsuit Swedenburg v. Kelly, where the Institute for Justice argues that the direct shipping ban violates the Commerce Clause and the Privileges and Immunities Clause of the U.S. Constitution, which forbid protectionist trade barriers. The lawsuit further argues that a related ban on advertising of wine sales across state lines violates the First Amendment.

"New York's ban is naked economic protectionism; wholesalers are using government power to keep out competition," said Steve Simpson, an Institute for Justice attorney. "Wholesalers won't carry most small wineries so shipping directly to consumers is the only way for small wineries to do business with consumers who want their wine."


Next Article in Multichannel Marketing

Sign up to our newsletters

Company of the Week

Since 1985, Melissa has helped thousands of companies clean, correct and complete contact data to better target and communicate with their customers. We offer a full spectrum of data quality solutions, including global address, phone, email, and name validation, identify verification - available for batch or real-time processes, in the Cloud or on-premise. Our service bureau provides dedupe, email/phone append and geographic/demographic append services for better targeting and insight. For direct mailers, Melissa offers easy-to-use address management/postal software, list hygiene services and 100s of specialty mailing lists - all with competitive pricing and excellent customer service.

Find out more here »

Career Center

Check out hundreds of exciting professional opportunities available on DMN's Career Center.  
Explore careers in digital marketing, sales, eCommerce, marketing communications, IT, data strategies, and much more. And don't forget to update your resume so employers can contact you privately about job opportunities.

>>Click Here

Relive the 2017 Marketing Hall of Femme

Click the image above