"But these permit holders may deliver California and Indiana wines alike firms that do not hold permits may not deliver wine from either (or any) source." "Plaintiffs observe that holders of Indiana wine wholesaler or retail permits may deliver directly to consumers' homes," the decision continues.
Wine originating in California, France, Australia or Indiana passes through the same three tiers and is subjected to the same taxes.
Indiana insists that every drop of liquor pass through its three-tiered system and be subjected to taxation. In his ruling, Judge Frank Easterbrook wrote, "Plaintiffs contend that discriminates in this fashion, but we do not see how. He said that the regulations, which allow local wineries and retailers to ship directly to consumers, discriminated against out-of-state businesses in favor of Indiana residents.īut the appeals court found that Indiana had not used its power to "impose a discriminatory condition on importation, one that favors Indiana sources of alcoholic beverages over sources in other states." Constitution by unduly impeding interstate commerce. In his decision, Sharp wrote that the state law violated the commerce clause of the U.S. Sharp's ruling came as the result of a lawsuit filed by 13 Indiana residents, including Garfield cartoonist Jim Davis and Indianapolis wine-writer Russ Bridenbaugh, who claimed that the statute prevented them from collecting wines not available from Indiana retailers. District Judge Allen Sharp overturned a 1998 Indiana state law that makes it a felony for any out-of-state seller of alcoholic beverages to ship directly to Indiana residents, rather than going through a state wholesaler or retailer first.
WINE DELIVERY INDIANAPOLIS FOR FREE
Vivienne Nishimura, executive director of the Coalition for Free Trade, which provides legal support to the wine industry's attempts to overturn direct-shipping bans, called the decision "puzzling." She commented, "We were so sad when we heard the news - I know that put a lot of work into this." The Indiana case was the first consumer lawsuit challenging interstate-shipping laws similar lawsuits are now pending in six other states. Court of Appeals for the 7th Circuit ruled that Indiana's law falls properly within states' authority to control the sale and importation of alcoholic beverages, granted under the 21st Amendment (which also repealed Prohibition). Overturning last December's victory in a lawsuit filed by 13 Indiana wine lovers, the U.S. In a setback for consumers who want to order wine from out-of-state sources and have it delivered to their homes, an appeals court upheld an Indiana law that bans interstate direct shipments of alcoholic beverages.
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