11th Circuit Accepts Joint Amici Curiae of Family Winemakers of California and Coalition for Free Trade in Florida Appeal; 21st Amendment Fails to Save Discriminatory State Law.Business Editors/Food & Legal Writers SACRAMENTO, Calif.--(BUSINESS WIRE)--Nov. 19, 2001 Family Winemakers of California, joined by the Coalition for Free Trade, went to appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. today seeking interstate commerce interstate commerce In the U.S., any commercial transaction or traffic that crosses state boundaries or that involves more than one state. Government regulation of interstate commerce is founded on the commerce clause of the Constitution (Article I, section 8), which relief in Florida for its 410 small and growing winery members. The joint friend-of-the-court brief argued that the U.S. District Court's decision to uphold Florida's discriminatory alcoholic beverage alcoholic beverage Any fermented liquor, such as wine, beer, or distilled liquor, that contains ethyl alcohol, or ethanol, as an intoxicating agent. When an alcoholic beverage is ingested, the alcohol is rapidly absorbed in the stomach and intestines because it does not importation law should be reversed by the 11th U.S. Circuit Court of Appeals. "Florida's law, like other states, has prevented many of our members from conducting legitimate business with Florida consumers by giving preferential treatment to wholesalers and in-state producers," noted Paul Kronenberg, executive director of FWC FWC Fish and Wildlife Conservation Commission (Florida) FWC Foster Wheeler Corporation (Clinton, NJ) FWC Family Winemakers of California FWC Fresh Water Cooling FWC Flight Warning Computer , in commenting on the substance of the brief. "As we did in Indiana, FWC felt it was critical to raise our winegrower wine·grow·er n. One that owns a vineyard and produces wine. members' concerns about gaining fair market access in Florida. We also wanted to provide the court some perspective on the prohibition's negative economic impact on out-of-state wine producers as it weighs other views raised by vested interests vested interest n. 1. Law A right or title, as to present or future possession of an estate, that can be conveyed to another. 2. A fixed right granted to an employee under a pension plan. 3. in Bainbridge, et al. v. Bush." "The brief filed in the 11th Circuit argues that Florida's felony ban on interstate shipping violates the Commerce Clause and therefore is not shielded by the 21st Amendment," Tracy Genesen, CFT CFT complement fixation test; see under fixation. CFT complement fixation test. Legal Director pointed out. "Because the District Court found that Florida law facially discriminates against out-of-state producers, the state must then demonstrate that the statute is necessary to further the state's 'core concerns.' The state failed to meet its burden that the felony statute furthers temperance, raising revenue and ensuring orderly market Orderly Market Any market in which the supply and demand are reasonably equal. Notes: Orderly markets usually don't have volatile price swings and prices are competitive, reflecting the true value of the good or service. conditions. Accordingly, the judgment has to be reversed." The amicus brief was prepared by Foley & Lardner one of the nation's largest and most prestigious law firms. The brief argues that Florida laws unconstitutionally discriminate against California winemakers seeking to do business in Florida. Because many FWC members are not represented by licensed wholesalers and state law prohibits sales to anyone who doesn't have a license, the Florida market is effectively closed. Discrimination occurs because Florida wineries are allowed to sell directly to state residents outside of the three-tier system. This points up the contradiction in state regulatory schemes which do not compel licensed wholesalers to do business with producers even though it requires producers to sell only through the wholesale tier. "Adults in Florida are being denied access to fine wine crafted in many states, not just California," added Kronenberg. "Florida should reverse its position and start promoting interstate trade. Its own citizens will benefit from greater access to wine currently not available in retail stores. We think the appeals court will see the logic in reversing the lower court's finding that state law is constitutionally saved by the 21st Amendment." The full amici Amici can refer to:
in full Uniform Resource Locator Address of a resource on the Internet. The resource can be any type of file stored on a server, such as a Web page, a text file, a graphics file, or an application program. is: www.familywinemakers.org. --30--am/sf* slt
CONTACT: Family Winemakers
Paul Kronenberg, 916/498-7500
or
Coalition for Free Trade
Tracy Genesen, 916/498-3500
KEYWORD: CALIFORNIA FLORIDA
INDUSTRY KEYWORD: FOODS/BEVERAGES GOVERNMENT LEGAL/LAW RETAIL
SOURCE: Family Winemakers
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