Posts Tagged ‘Free the Grapes’
House Resolution 5034, introduced by the National Beer Wholesalers Association (NBWA), is supposed to be heard in June before the Judiciary Committee, chaired by Michigan’s John Conyers. If you don’t know, Michigan was the losing plaintiff in Granholm v. Heald, the 2005 case that liberalized wine shipments, and the NBWA was one of Rep. Conyers’ top five donors in the last two elections.
HR 5034 would exempt anti-competitive and discriminatory state alcohol beverage laws from most federal review, including capacity cap laws. In other words, states could freely write laws making it difficult or impossible for consumers to get direct shipments of wine from wineries within and outside their state.
If it passed, HR 5034 would be a complete reversal of the Granholm Supreme Court decision, that emphasized: “The 21st Amendment did not give States the authority to pass nonuniform laws in order to discriminate against out-of-state goods, a privilege they had not enjoyed at any earlier time.”
According to most news sources, the NBWA and the Wine and Spirit Wholesalers Association, WSWA, are lobbying aggressively for the bill on Capitol Hill. In fact, the WSWA took out a print ad on May 12 in Politico, a newspaper/website read by DC legislators and staffers, encouraging legislators to co-sponsor HR 5034.
My view? Wholesalers and the 3-tier system are important, and represent many jobs and a system that works well for many producers. BUT-it doesn’t work well for many others, and for some, not at all. Wineries should have the right to sell direct to consumers if they choose, and consumers of legal age should have an unfettered right to buy wine from any producer, anywhere. Anything else is, well, un-American if you ask this Marine.
For a backgrounder on the bill, go here. For a shortcut to send your legislator an email on the issue, go here.
Have you recently visited an out-of-state winery and wanted a case sent home, only to be told it’s illegal? Confused by wine shipping laws? You’re not alone.
First let me say that I support the right of wine retailers, wholesalers and distributors to exist and make a living. The idea that we could or should just toss aside the three-tier system and buy all our wine, as the Brits might say, via “the post” is neither practical nor fair for all concerned.
Having said that, wineries simply ought to be able to ship directly to consumers, too, with few or no restrictions and with as little administrative burden as possible. For small wineries that cannot command the attention and shelf space of major brands, and that simply cannot afford far-off sales people or promotion, this can make the difference between modest success and, well, insolvency. That’s hardly fair and not smart either. And I think you’d be hard-pressed to make a case that this poses a threat to the distributors and retailers, to be honest. Producers of small lot, truly “hand-crafted” wines add a lot to our enjoyment and for most of them, direct-to-consumer is about they only way they can prevail.
Free the Grapes, a consumer advocacy group that supports unfettered wine shipping among and within all 50 states, has an interactive map that shows what’s what where you live. If you’re interested in buying wine directly from producers and retailers at a distance, take a look and see where things stand.