Texas Loses

Wines & Vines,  March, 2000  

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* A federal judge has ruled that the State of Texas ban on interstate wine sales is unconstitutional. A lawsuit was filed in U.S. District Court last spring on behalf of consumers who said the Texas anti-direct shipping statute prevented them from ordering wines from California and Arkansas producers.

Texas joins Indiana in having anti-shipping legislation ruled unconstitutional. Similar cases are pending in New York State, Florida and Virginia. At issue is the Commerce Clause of the U.S. Constitution. On the Texas case, William Kinzler, general counsel for the Coalition for Free Trade (Wines & Vines, April, 1999) said "the judge's opinion not only captured the essence of the direct shipping controversy but offers a detailed analysis on the Commerce Clause and 21st Amendment issues." The Coalition for Free Trade "seeks judicial relief from laws prohibiting consumer choice and open trade." The CFT contact is Vivienne Nishimura, e-mail vyn@coalitionft.org.

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