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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.

1 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






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