DIRECT SHIPPING PROPONENTS FILE AMICUS BRIEF IN INDIANA

The Family Winemakers of California filed an amicus curiae brief in the 7th Circuit Court of Appeal last week asking the court to sustain the U.S. District Court’s decision in Baude v. Heath. Last month, wholesalers appealed the District Court’s decision to strike down face-to-face requirements in August.

The lower court said the face-to-face requirement “discriminates” against out-of-state wineries and therefore violates the Dormant Commerce Clause. As you’ll recall, most wineries think face-to-face requirements are protectionist because it requires consumers to visit a winery first before placing internet and phone orders for direct to consumer shipments. They argue that it’s easier for Indiana residents to visit an in-state winery than an out-of-state winery.

“Indiana consumers were granted unfettered choice in wine by the lower court, which invalidated portions of Indiana’s direct shipping statute,” said Paul Kronenberg, FWC president, in a statement. “We argue that the state laws that were invalidated fail on constitutional grounds and are clearly designed as economic protection for Indiana wholesalers.”