Coalition for Free Trade: Federal Judge Acknowledges that Florida's Prohibition on Interstate Wine Shipments is ``Discriminatory''.Business Editors and legal/Wine Writers SACRAMENTO, Calif.--(BUSINESS WIRE)--July 27, 2001 But Rejects Consumer and Winery Plaintiffs' Case Florida federal Judge James D. Whittemore issued an opinion July 19 ruling against winery and consumer plaintiffs who are challenging Florida's ban on interstate wine direct shipments from out-of-state wineries to Florida adult consumers. "The Coalition for Free Trade is disappointed with the ultimate ruling but is encouraged that the judge found that the Florida statute violates the dormant Commerce Clause The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have implied from the Commerce Clause of the United States Constitution. of the U.S. Constitution," said Tracy Genesen, president and acting legal director, Coalition for Free Trade. "In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke" put differently , the judge's opinion stated that Florida law The jurisprudence of this state offers major differences from doctrines prevailing in the United States at either the federal level or that of the various states. Homestead exemption from forced sale, the dangerous instrumentality doctrine, the right to privacy, and the Williams discriminates against interstate wine sales. This will provide an excellent basis for appeal," she added. CFT CFT complement fixation test; see under fixation. CFT complement fixation test. noted that the Judge apparently took the state's 21st Amendment "core concerns" argument at face value without requiring the state to meet the required burden of proof. The state's argument was that the Florida statutes--which include a felony provision for direct shipping violations -- are justified because they address a "threat to the public health, safety, and welfare; to state revenue collections; and to the economy of the state." Constitutional test cases such as this one, where new law is being made, are typically brought to the U.S. Court of Appeals for ultimate determination, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the CFT. Genesen and The Coalition for Free Trade will be working with the plaintiff's lawyers to shape the appellate strategy. The wine industry's legal team is hopeful that the 11th Circuit Court of Appeals will overturn the lower court's ruling and find in favor of the winery and consumer plaintiffs. Working on behalf of the wine industry, the Coalition for Free Trade is a non-profit organization A non-profit organization (abbreviated "NPO", also "non-profit" or "not-for-profit") is a legally constituted organization whose primary objective is to support or to actively engage in activities of public or private interest without any commercial or monetary profit purposes. seeking judicial relief from laws prohibiting the direct shipment of wine. |
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