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Gavel comes down; grapes walk.

Print | Comments () Posted by Stephen Meuse January 18, 2010 10:16 AM

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Uber-attorney Kenneth Starr couldn't nail Bill and Hillary's hides to the wall in the Whitewater affair, but he may have made a trophy of the Massachusetts three tier system last week - at least when it comes to interstate wine shipments. On Friday, a Federal appeals court brought the gavel down on what has been a long-running dispute between Massachusetts wholesalers eager to restrict direct shipment to consumers and Family Winemakers of California, a group that complained the Massachusetts system was a violation of the U.S. constitution's so-called Commerce Clause (Starr was the legal brain on the winning side in the 2005 Supreme Court case, Granholm & Heald, that set the stage for Friday's decision).

You can the full story here and review the decision (if you have the patience) here: wine decision.pdf

"The decision allows access to the whole wine market for Massachusetts consumers," crowed Family Winemakers president Paul Kronenberg. "Protectionist state laws run counter to the concept of free trade within the nation."

We'll see just how interested Massachusetts wine consumers are in direct shipping when they see the bill for moving a case of wine coast to coast under temperature-controlled conditions all by its onesies.

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5 comments so far...

Well worth the price considering the quality of these wines that could not be had outside such states as Oregon and Californa. I think I will construct a loading dock in anticipation of the amounts of wine that will be ordered. Finally the grapes have been freed.

Posted by Donald January 19, 10 11:23 AM

You'd be shocked at how many consumers will pay more for the shipping per bottle than the actual value of the wine. Absolutely shocked. I'm in favor of the free market, but it certainly doesn't make it a smart one.....

Posted by Steve Melchiskey January 21, 10 07:09 AM

I can't believe any politician reading all of these comments which are universally against pols siding with special interests over the consumer, continue to make or defend laws which do the opposite. It's amazing the greed involved. Competition is almost always good for the consumer.

Wine drinkers of MA....you are not out of the woods yet. Even though the law has been overturned (or will hopefully soon be depending on what our corrupt AG***THANK GOD NOT US SENATOR*** Martha Coakley will do next) shippers like UPS and FedEx cannot ship into MA until another law changes. Right now according to MA law, each truck has to have an individual permit to carry alcohol instead of what's called a fleet permit. To individually license each truck is an expense and a hassle the shippers will never take on. So even though the ban law was overturned there is another law in place, I'm sure crafted by special interests, that keeps MA consumers perpetually screwed. The ABC is like the Terminator, they just keep coming back no matter how you try and kill them. Hopefully there's a special place in hell for them right next to corrupt politicians

Posted by Peter P January 23, 10 05:53 PM

It might be a tad early to declare victory for consumers. The wholesaler lobby spent over $100 million last year nationwide on lobbying against consumer choice. With the help of obstinate State officials and a protectionist mind set it will be easy to erect a wall of red tape to keep wineries at bay nearly as effectively as unconstitutional laws have in the past. For a small winery, high license costs, registration fees, agent for service of proces fees, the cost of a typical $1,000 surety bond to gaurantee a few dollars a year in liquor tax, etc., etc., are all the deterrent they need to just say "Oh forget it!". With regard to shipping, it costs about $50 to ship a case of wine from Washington to Massachusetts. including $4 for adult signature verification. To ship one bottle costs about $25, which is indeed often exceeds the cost of a bottle of high end wine. The bottom line is, I think, freedom of choice is not a bad thing. Good luck Massachusetts!

Posted by John E. February 11, 10 06:29 PM

Plain and simple...if I want to buy a bottle of wine from a vineyard in California and have it shipped to me, I should be able to buy it.

Posted by Christine A March 23, 10 02:38 PM

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