OHIO JUDGE REVERSES STATE LAW
Judge Gene Zmuda of Ohio ruled earlier this week that a state law prohibiting consumers from transporting alcohol purchased from an out-of-state retailer into Ohio is unconstitutional because it interferes with federal interstate commerce law.
Particularly, Judge Zmuda wrote that the Department of Public Safety liquor enforcement agents were incorrectly administering the law, which “indirectly discriminates against out-of-state purchases, and thus creates an impermissible burden on interstate commerce.”
While such laws do contain constitutional provisions, Ohio's liquor statutes, as applied, "unduly burden interstate commerce," he wrote. "By denying Ohio residents meaningful access to the market of Michigan and other states, the statutes extend the state's reach beyond the core concerns of the 21st Amendment."
As a part of the ruling, the Judge also dismissed a misdemeanor case against Chris Eischen who was accused of illegally transporting beer into Ohio.
The case is likely to be appealed, but no word yet from the Ohio Attorney General’s office.
Particularly, Judge Zmuda wrote that the Department of Public Safety liquor enforcement agents were incorrectly administering the law, which “indirectly discriminates against out-of-state purchases, and thus creates an impermissible burden on interstate commerce.”
While such laws do contain constitutional provisions, Ohio's liquor statutes, as applied, "unduly burden interstate commerce," he wrote. "By denying Ohio residents meaningful access to the market of Michigan and other states, the statutes extend the state's reach beyond the core concerns of the 21st Amendment."
As a part of the ruling, the Judge also dismissed a misdemeanor case against Chris Eischen who was accused of illegally transporting beer into Ohio.
The case is likely to be appealed, but no word yet from the Ohio Attorney General’s office.
posted at 1:46 PM
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