Coalition for Free Trade Applauds 6th Circuit Court of Appeals Ruling that Michigan's Wine Shipping Ban Unconstitutional.Business Editors/Food & Wine Writers SACRAMENTO, Calif.--(BUSINESS WIRE)--Aug. 28, 2003 The 6th Circuit Court of Appeals ruled today that Michigan's ban on direct-to-consumer shipments from out-of-state wineries is unconstitutional, overturning a lower court ruling. This is the second, complete legal victory for advocates of consumer choice in wine this year; the 5th Circuit Court of Appeals issued a similar ruling overturning Texas' ban on June 26, 2003. "This is the second ringing endorsement this summer for the principles of anti-discrimination and consumer choice," said Tracy Genesen, legal director for the Coalition for Free Trade, and senior counsel at Miller Owen & Trost in Sacramento. "The Court confirmed that states do not have the right to discriminate against out-of-state wineries under the guise of the 21st Amendment," she added. The ruling is available at www.coalitionforfreetrade.org. 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 direct-to-consumer shipments of wine. The legal foundation is assisting winery and consumer plaintiffs with active lawsuits in Florida and New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , which is scheduled for oral argument in Manhattan on September 3. The state of Michigan has 14 days to request a panel rehearing rehearing n. conducting a hearing again based on the motion of one of the parties to a lawsuit, petition or criminal prosecution, usually by the court or agency which originally heard the matter. or a rehearing en banc [Latin, French. In the bench.] Full bench. Refers to a session where the entire membership of the court will participate in the decision rather than the regular quorum. In other countries, it is common for a court to have more members than are (from the full Court). If it does not, the state has 90-days from the date of entry of the judgment to petition the Supreme Court. Robert Epstein, an Indianapolis attorney, and James A. Tanford, professor at Indiana University, represented the named plaintiffs, Eleanor and Ray Heald n. 1. A heddle. , Michigan consumers and wine writers. The Coalition for Free Trade recommends that wineries wait for further information from the State, as well as instructions from the common carriers, prior to making wine shipments. Eighteen years ago, no states allowed for interstate, direct-to-consumer wine shipments. This year, the number of legal direct shipping states will jump to 26. Favorable rulings in the 4th Circuit Court of Appeals led to legislative solutions in North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures Area, 52,586 sq mi (136,198 sq km). Pop. and Virginia, and the June 26 ruling in the Texas lawsuit is anticipated to open up that state to such shipments in weeks. Additionally, South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15. passed favorable legislation this year. |
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