Monday, July 6, 2009
New York does not allow free trade market
Free trade is still not happening here within the boundaries of our own country. Lip service is paid to "FREE TRADE" by politicians and business people alike but yet wineries can not legally sell DIRECTLY to their customers in over 1/3 of all of the United States. This hypocrisy kills jobs and is stopping innovation in the wine business. Join FREE THE GRAPES http://freethegrapes.com/ or the Wine Institute http://www.wineinstitute.org/ in California to help make the laws in America benefit the consumer. Get what you want when you want it with TRUE FREE TRADE. Call your state legislators and ask them to change the laws in your state and to put pressure on the states that are not allowing for trade.
NY Wine Examiner
New York State again bars direct sales of wine to consumers
July 6, 1:38 PM
NY 2nd Circuit Judge Wesley opposes consumer choice
In another blow to New York State consumers, the 2nd Circuit court has upheld a New York statute barring direct sales of wine. This means that out-of-state wine retailers cannot sell and deliver wine to New Yorkers. In other words, you can’t choose from whom you purchase your wine.
If your local retailer charges $25 for a bottle of wine that you like, and a California retailer sells it for $15, the 2nd Circuit court says you have to buy it from the New York retailer at the higher price. The statute states that it is illegal to ship alcohol to an unlicensed entity in New York (which would be you).
Basically, the court is saying that all alcoholic beverages must pass from a producer to a distributor to a retailer before it can come to you. That means there are two levels of commerce between you and the product.
According to a report by Mark Hamblett in the New York Law Journal, Judge Wesley (writing for the panel) said the commerce clause normally prohibits states from passing "laws that discriminate against out-of-state economic interests unless those laws 'advance a legitimate local purpose that cannot be adequately served by reasonable nondiscriminatory alternatives.'
He said New York's law "treats in-state and out-of-state liquor evenhandedly," and "thus complies with Granholm's nondiscrimination principle."
The reason, he said, was that all liquor, whether in or out of state, must pass through the system.
"Alcohol sold by in-state retailers directly to consumers in New York has already passed through the first two tiers -- producer and wholesaler -- and been taxed and regulated accordingly," he said.
Again – what he’s saying is that you should not be able to purchase wine that has not been triple taxed and profited on – basically a kick in the *** to the consumer.
Our tax dollars at work…