U.S. Supreme Court Allows Virginia Alcohol Law to Stand May 16, 2007
News Summary
The U.S. Supreme Court refused to review a 4th U.S. Circuit Court of Appeals decision that upheld Virginia's ability to limit the sale of out-of-state alcohol and wine, the Associated Press reported on May 14.
The state's Alcoholic Beverage Control Act only allows Virginia-made wine to be sold in state-run liquor stores and limits the amount of alcohol consumers can bring into the state for personal consumption. The lower federal court had ruled that the act's provisions unconstitutionally impeded interstate commerce, but the appeals court reversed the lower court's decision.
The appeals court noted that more than 10,000 private retailers selling wine in Virginia offer plenty of choices for out-of-state wine. The court also noted that while the law limits consumers to bringing into the state no more than one gallon of alcoholic beverages, consumers may also purchase alcohol from out-of-state retailers.
The Wine and Spirits Wholesalers of America Inc. supported the Supreme Court's decision not to review the case. "This should send a powerful message to those seeking to dismantle smart state-based alcohol regulations - states retain virtually complete control over how to structure their alcohol sales and distribution systems, which are based largely on the wholesaler-centric model," said Craig Wolf, the trade association's president and CEO.
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