"Wine lovers took a big legal setback on Tuesday, as a US federal appeals court ruled that a Florida wine shop cannot ship wine to customers in Missouri, even though Missouri stores can.
The case, Sarasota Wine Markets v Schmitt, seems to directly contradict a 2019 Supreme Court ruling that said states could not discriminate against out-of-state wine retailers. It is the second such setback in the last year. Michigan won a similar case against an out-of-state wine retail shop last April and has subsequently begun fining out-of-state stores that ship wine to Michigan residents.
In another anti-shipping development, the Tennessee legislature is considering a bill that would prevent wineries from using fulfillment houses to ship wine to its residents. Direct shipping by out-of-state wineries was specifically allowed by the US Supreme Court in the 2005 Granholm v Heald case. The proposed Tennessee law is a novel approach to restricting it, and if successful could be pursued in legislatures across the country.
All in all, this could be the worst week for wine shipping in the 16 years since the landmark Granholm decision. And it comes at a particularly bad time, as consumers nationwide during the pandemic are ordering more things online. . . "
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