COSTCO APPEAL SET FOR MARCH

The Costco case is rapidly moving forward after the Ninth Circuit Court of Appeals agreed to expedite the hearing to March 2007. The defendants’ (Washington Beer & Wine Wholesalers Association) motion before the Court of Appeals for an indefinite stay was denied, but can be renewed at oral argument.

The legislative process is a little unclear because the session is scheduled to end in late April, but the cut-off date for introducing new laws will probably occur before there is a ruling on the extended stay. The stay now in place, which was entered by the trial court in May, expires May 1, 2007. The Costco judgment will go into effect May 1 unless stayed by the Court of Appeals, rendering a sizeable chunk of Washington liquor regulation unenforceable.