US vineyards to sell wine over the internet

**************************************************************
Welcome to Nethappenings the Internet's 
largest and oldest K12 Education Mailing List 
exploring and using the World Wide Web. 
Founded by Gleason Sackmann and now Moderated by
Karen Ellis of the Educational CyberPlayGround.

NetHappenings Mailing List ©1993
-- Subscribe - Unsubscribe - Set Preferences
http://www.edu-cyberpg.com/Community/NetHappenings.html

Advertise on Nethappenings
http://www.edu-cyberpg.com/Community/Subguidelines.html

Educational CyberPlayGround Community Mailing Lists
http://www.edu-cyberpg.com/Community/
**************************************************************



*****************************************************************

INTEGRATE FOLKLORE, MUSIC, & TRADITIONAL CULTURE
<http://www.edu-cyberpg.com/Teachers/folk.html>

Folk music - sung during the days before there was a music
industry when the role of music was about your life -
about the life and times that most of us don't experience
anymore and when the music was sung because it helped
people through it and sustained them.

*****************************************************************

The Supreme Court decided yesterday to allow
US vineyards to sell wine over the internet to
punters in different states. Previous laws
restricted sales to within the state.

Cybertelecom: Ecommerce: Alcohol
http://www.cybertelecom.org/ecom/alcohol.htm

Granholm v. Heald - Online Alcohol Sales
http://www.supremecourtus.gov/opinions/04pdf/03-1116.pdf

Michigan and New York regulate the sale and
importation of wine through three-tier systems
requiring separate licenses for producers,
wholesalers, and retailers. These schemes allow
in-state, but not out-of-state, wineries to make
direct sales to consumers. This differential treatment
explicitly discriminates against interstate commerce
by limiting the emerging and significant direct-sale
business. Influenced
by an increasing number of small wineries and a
decreasing number of wine wholesalers, direct sales
have grown because small wineries may not produce
enough wine or have sufficient consumer demand for
their wine to make it economical for wholesalers to
carry their products. In Nos. 03=AD1116 and 03=AD1120,
Michigan residents, joined by an intervening
out-of-state winery, sued Michigan officials, claiming
that the State=92s laws violate the Commerce Clause. The
State and an intervening in-state wholesalers
association responded that the direct-shipment ban was
a valid exercise of Michigan=92s power under the
Twenty-first Amendment. The District Court sustained
the scheme, but the Sixth Circuit reversed, rejecting
the argument
that the Twenty-first Amendment immunizes state liquor
laws from Commerce Clause strictures and holding that
there was no showing that the State could not meet its
proffered policy objectives through nondiscriminatory
means. In No. 03=AD1274, out-of-state wineries and their
New York customers filed suit against state officials,
seeking, inter alia, a declaration that the State=92s
direct-shipment laws violate the Commerce Clause.
State liquor wholesalers and retailers=92
representatives intervened in support of the State.
The District
Court granted the plaintiffs summary judgment, but the
Second Circuit reversed, holding that New York=92s laws
fell within the ambit of its powers under the
Twenty-first Amendment. Here, respondents in the
Michigan cases and petitioners in the New York case
are referred
to as the wineries, while the opposing parties are
referred to as the States.

Held: Both States=92 laws discriminate against
interstate commerce in violation of the Commerce
Clause, and that discrimination is neither authorized
nor permitted by the Twenty-first Amendment.

=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D~=3D
Cybertelecom :: An educational non profit dedicated to raising
awareness of and participation in Federal Internet Policy.
   www.cybertelecom.org     cannon@xxxxxxxxxxxxxxxx

<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>
EDUCATIONAL CYBERPLAYGROUND 
http://www.edu-cyberpg.com

Copyright statements to be included when reproducing
annotations from Nethappenings.

The single phrase below is the copyright notice to be used when
reproducing any portion of this report, in any format.

> From NetHappenings copyright
> Educational CyberPlayGround.
http://www.edu-cyberpg.com/Community/NetHappenings.html

Net Happenings, K12 Newsletters, Network Newsletters
http://www.edu-cyberpg.com/Community/

FREE EDUCATION VENDOR DIRECTORY LISTING
http://www.edu-cyberpg.com/Directory/

HOT LIST REGISTRY OF K12 SCHOOLS ONLINE
http://www.edu-cyberpg.com/Schools/
<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>~~~~~<>

Other related posts: