A new dormant Commerce Clause lawsuit has been filed in Arizona alleging that state law prohibits out of state retailers from shipping to consumers while allowing in state retailers that right. The lawsuit is filed on behalf of a Florida retailer, its owner, and two Arizona residents. It is filed by the same law firm…Read More
Michigan Secures Additional 21st Amendment Enforcement Act Settlements
August 3, 2021 All
(previous post) Michigan Secures 21st Amendment Enforcement Act Wins I failed to cover the recent developments in Michigan where the Michigan Attorney General’s Office secured two consent orders against two out-of-state shippers who were illegally selling alcohol into the state. The Michigan Attorney General’s office filed its complaints under the 27 USC 122(a) which is…Read More
Center for Alcohol Policy Conference to be Held in Chicago on August 30 and 31
June 25, 2021 All
I am looking forward to attending the 14th annual Center for Alcohol Policy’s Law and Policy Conference to be held at the Hyatt Centric hotel in Chicago on August 30 and 31. It will be good to talk about the dormant Commerce Clause with people in the same room again! This year’s conference will feature…Read More
Court Dismisses Retailer Challenge to Kentucky Law
February 16, 2021 21st Amendment Alcohol Regulation All Supreme Court
Judge Hale of the Western District of Kentucky dismissed a constitutional challenge by an out-of-state retailer to Kentucky laws as it sought to be able to ship alcohol to Kentucky residents from out of state retail locations. The Court granted the state’s motion to dismiss the dormant Commerce Clause and Privileges & Immunities challenges. The…Read More
Ohio Concludes 21st Amendment Enforcement Act Litigation
January 27, 2021 21st Amendment Alcohol Regulation All
The district court has approved the final consent order in the 21st Amendment Enforcement Act lawsuit brought by the state of Ohio against various wine sellers. As explained in the joint motion requesting approval of the consent order filed by Ohio and defendant Wine.com, the defendant has agreed to open to comply with Ohio law…Read More
