UPDATE…….. ARIZONA WINS The 9th Circuit has issued a ruling. The state of Arizona wins, volume caps and face to face purchase requirements are permissible. Read the ruling here. (OLDER POST) On September 15th, the 9th Circuit heard oral arguments of a wineries appeal of an Arizona district court’s decision upholding the state’s winery laws. Click here if you would like to hear the…Read More
9th Circuit Rules for Arizona in Volume Cap and In Person Challenge
April 13, 2010 21st Amendment Alcohol Regulation
39 State AGs Sign Letter to Congress
April 13, 2010 All
AGs from 39 states have signed a letter written to the Honorable Hank Johnston, who chairs a House Judiciary subcommittee on Courts and Competition Policy. The letter seeks help “with the growing threat facing our states from unprecedented legal challenges that seek to eliminate our ability to regulate alcohol.” Read the letter here.
California Attorney General Warns Suppliers and Importers: Do Not Control Other Licensees
February 15, 2010 21st Amendment Alcohol Regulation Guest Columns
In a very forceful advisory, the California Attorney General has made it clear that California law does not allow suppliers to micromanage and control distributor licensees. This guidance apparently went to over 600 importers and suppliers. The staff of the attorney general actually spent time reviewing the proposed supplier contracts to state law and were very concerned…Read More
Another State Faces 21st Amendment Lawsuit. Welcome Iowa to the Lawsuit Club.
January 21, 2010 21st Amendment
Iowa has recently joined the ranks of states having a federal court determining the future of its state alcohol laws. Indiana University Professor James Tanford has filed another Dormant Commerce Clause lawsuit this one challenging provisions in the Iowa alcohol code dealing with reciprocity for direct shipping. A copy of this lawsuit can be found here. By…Read More
Massachusetts Loses Volume Cap Litigation at 1st Circuit.
January 14, 2010 21st Amendment Supreme Court
The First Circuit dealt a blow to state alcohol regulation today ruling against Massachusett’s 30,000 gallon volume cap for wineries. In its opinion, the 1st Circuit determined that the MA law, helped by statements in the legislative record, was discriminatory in both purpose and effects and violated the Dormant Commerce Clause. This is a different…Read More
