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Tuesday, September 04, 2007
Ind. Decisions - More on federal Judge Tinder's wine shipping decision
The Richmond Palladium-Item has this editorial today, headed "Ending state's protectionism":
A federal judge has leveled the playing field for wineries seeking to ship their products.From a story ($$$) by Sarah Morin in the Bloomington Herald-Times:It's time Indiana get in step with the nation and discontinue old protectionist strategies.
The U.S. Supreme Court said as much in mid-2005 when it ruled that laws in Michigan and New York could not give state wineries special treatment.
Robert Garton, the former Indiana Senate president pro tem, did not lose his important seat last year over the wine issue. But he probably lost it over the arrogance that saw him unilaterally kill a bill that would have allowed wine to be shipped to customers in Indiana.
That kind of action necessitated last week's federal ruling clarifying and enforcing the Supreme Court's ruling.
The Wine and Spirits Wholesalers of Indiana no doubt harbors real concerns about protecting minors. But that concern is less apparent where its own members are concerned. Its first order of business seems transparently to be economic protectionism for its members.
U.S. District Judge John Daniel Tinder said as much in his ruling, calling the dual system for wine shipments employed by Indiana "a form of economic protectionism" because it favors in-state wineries at the expense of those in other states. Tinder's ruling allows Hoosiers to more freely make online and phone orders from wineries in Indiana and other states, while still being required to collect personal information and sworn statements from those placing orders to assure they are legal age and to enable prosecution for falsification.
This is a good day for Indiana's fledgling state wine industry. It's a good day for consumers.
It's a good day for equal and fair application of the law.
Jim Butler is excited that he can now sell his Bloomington wines to Indiana customers over the phone and from the Butler Winery Web site.A new ruling by a federal judge this week allows Butler and other wineries in the state to reach more customers by lifting previous shipping sales restrictions.
“It’s a very good outcome. It’s a good outcome for Indiana wineries and wine consumers,” Butler said Friday.
He predicts a 10 percent sales increase given the addition of telephone and Web sales of his local wines within Indiana.
State law had required customers to have a face-to-face transaction before receiving home shipments. The ruling by U.S. District Judge John Daniel Tinder called that unconstitutional. * * *
The ruling also struck down a provision that barred wineries that possess wholesale privileges in other states from seeking a direct wine seller’s permit in Indiana. But it hasn’t cleared up any confusion about whether Hoosier wine drinkers can order their favorite cabernet sauvignon or chardonnay out of state.
That depends on whether the winery has a direct-shippers permit that allows it to ship to individuals in Indiana.
“The law is still somewhat restrictive; (you’d) need enough business to make it worthwhile,” Butler said of the necessary permits to ship directly to customers. * * *
“We are elated with this decision,” Bill Oliver, president of Bloomington’s other winery, Oliver Winery, said in a prepared statement. “The customers that have continued to call from around the state for ours as well as many other Indiana wines will now have the opportunity to once again have wine shipped directly to them.”
Posted by Marcia Oddi on September 4, 2007 01:48 PM
Posted to Ind Fed D.Ct. Decisions