Kentucky appeals ruling on wine sales
Source: The Courier-JournalÂ
By Robert Schoenberger
rschoenberger@courier-journal.com
The Courier-Journal
Kentucky is appealing a federal court decision allowing small wineries in and out of the state to ship to Kentucky customers who order over the telephone from catalogs or from the Internet.
Last month, U.S. District Judge Charles Simpson of Louisville struck down a requirement that customers buy the wine in person at the winery, saying it treated Kentucky wineries more favorably than out-of-state ones.
In its appeal, the state Environmental and Public Protection Cabinet, parent agency for the Office of Alcoholic Beverage Control, disagreed with Simpson’s finding that the in-person purchase requirement is unconstitutional.
State officials declined to explain the basis of the appeal, saying supporting documents will be filed in coming weeks.
Simpson ruled that granting more favorable ordering conditions for in-state wineries is a restraint of trade against small out-of-state wineries. In his ruling, he noted that the U.S. Supreme Court struck down wine-shipping regulations in New York and Michigan.
The state’s appeal was filed with the 6th U.S. Circuit Court of Appeals in Cincinnati.
The ruling came in a lawsuit filed by the Huber Winery of Southern Indiana. Dana Huber, spokeswoman for the winery, said despite last month’s ruling, Huber’s has not been taking orders from Kentuckians because it knew an appeal was likely.
“We knew we could not ship in Kentucky until that grace period (for filing appeals) had passed,” Huber said. The winery will study the state’s appeal before deciding its next move, she said.
Reporter Robert Schoenberger can be reached at (502) 582-4669.
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