WSWA ASKS SUPREME COURT TO SANCTION STATES RIGHTS ON DIRECT SHIPPING
The WSWA has asked the U.S. Supreme Court for a new ruling that would give states primary legal authority over alcohol distribution and regulation, rather than surrender state authority to the federal government.
Why, exactly, is the WSWA taking these steps? The trade organization elected to file a brief in a case that challenges the Tobacco Delivery Law enacted by Maine in 2003. The Delivery Law requires tobacco sellers to verify the age and identity of the purchaser when delivering their products via a carrier. Since most state laws concerning alcohol delivery are worded similarly to the Maine tobacco statute, the WSWA hopes to prevent the Supreme Court from possibly ruling that those state laws are collectively preempted by federal statute with their brief. The WSWA believes if such a ruling was made, it would have “dire consequences” for a state’s ability to regulate alcohol sales on its own.
As we see it, the long and the short of it is this: (1) the WSWA wants the Supreme Court to reiterate that states have primary legal authority over alcohol regulation within their borders. (2) State laws governing the shipment and delivery of alcohol are fundamentally different from state laws governing the shipment and delivery of tobacco.
Says WSWA ceo Craig Wolf:
“WSWA opposes direct interstate sales of alcohol to consumers because there is no credible way to verify the age of the purchaser through an anonymous online sale, and because carriers have repeatedly failed to ensure that deliveries to minors are prevented. However, states that do permit such sales should retain the power to regulate carriers and hold them accountable when alcohol deliveries to minors inevitably do occur.”
“Should the Supreme Court ultimately limit a state’s ability to regulate carrier delivery of alcohol, every state that has permitted such direct sales will need to reassess the wisdom of allowing such sales without any ability to control them.”
Why, exactly, is the WSWA taking these steps? The trade organization elected to file a brief in a case that challenges the Tobacco Delivery Law enacted by Maine in 2003. The Delivery Law requires tobacco sellers to verify the age and identity of the purchaser when delivering their products via a carrier. Since most state laws concerning alcohol delivery are worded similarly to the Maine tobacco statute, the WSWA hopes to prevent the Supreme Court from possibly ruling that those state laws are collectively preempted by federal statute with their brief. The WSWA believes if such a ruling was made, it would have “dire consequences” for a state’s ability to regulate alcohol sales on its own.
As we see it, the long and the short of it is this: (1) the WSWA wants the Supreme Court to reiterate that states have primary legal authority over alcohol regulation within their borders. (2) State laws governing the shipment and delivery of alcohol are fundamentally different from state laws governing the shipment and delivery of tobacco.
Says WSWA ceo Craig Wolf:
“WSWA opposes direct interstate sales of alcohol to consumers because there is no credible way to verify the age of the purchaser through an anonymous online sale, and because carriers have repeatedly failed to ensure that deliveries to minors are prevented. However, states that do permit such sales should retain the power to regulate carriers and hold them accountable when alcohol deliveries to minors inevitably do occur.”
“Should the Supreme Court ultimately limit a state’s ability to regulate carrier delivery of alcohol, every state that has permitted such direct sales will need to reassess the wisdom of allowing such sales without any ability to control them.”
posted at 11:24 AM
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