Search found 165 matches

by Tomcwark
June 27th, 2019, 6:24 am
Forum: Wine Talk
Topic: Supreme Court, and wine.
Replies: 174
Views: 9533

Re: Supreme Court, and wine.

Under the reasoning of the Tennessee case, I don't see any way the bans on interstate retailing can survive. The short answer is that the case says that each legislative scheme has to be evaluated individually "based on its own features" and that they can pass muster if justified by legitimate heal...
by Tomcwark
June 26th, 2019, 4:48 pm
Forum: Wine Talk
Topic: Supreme Court, and wine.
Replies: 174
Views: 9533

Re: Supreme Court, and wine.

I'm sure at this moment there is some asst. legislative scrub being dictated the terms of the new shipping law in Il.Meaning no shipping. Years ago when this issue first came up here after Granholm I was talking to a manager at a large liquor chain here. He was on old friend from his wholesale days...
by Tomcwark
June 26th, 2019, 10:20 am
Forum: Wine Talk
Topic: Supreme Court, and wine.
Replies: 174
Views: 9533

Re: Supreme Court, and wine.

I suspect that it will be harder for wholesalers and retailers to build coalitions supporting anti-shipping measures now that Wayfair has significantly undercut the lost tax revenue argument. Yes. That and the fact that the Supreme Court just said that discriminatory laws must serve the purposes of...
by Tomcwark
June 26th, 2019, 10:18 am
Forum: Wine Talk
Topic: Supreme Court, and wine.
Replies: 174
Views: 9533

Re: Supreme Court, and wine.

YES! This is big. Here is our analysis. Tennessee Wine a resounding victory for wine retailer shipping The opinion in the Tennessee Wine case represents a great victory for retailers that want to ship wine into states across the country. The Court in its opinion stated some important principles: 1)...
by Tomcwark
June 26th, 2019, 9:17 am
Forum: Wine Talk
Topic: Supreme Court, and wine.
Replies: 174
Views: 9533

Re: Supreme Court, and wine.

YES! This is big. Here is our analysis. Tennessee Wine a resounding victory for wine retailer shipping The opinion in the Tennessee Wine case represents a great victory for retailers that want to ship wine into states across the country. The Court in its opinion stated some important principles: 1) ...
by Tomcwark
February 12th, 2019, 2:06 pm
Forum: Wine Talk
Topic: New Mexico Attempting to Shut Down Retailer Wine Shipping
Replies: 3
Views: 308

New Mexico Attempting to Shut Down Retailer Wine Shipping

For the New Mexicans in the audience, you should know that there is a bill in the legislature that would revoke the reciprocal retailer wine shipping law in the state. I know that if you live in New Mexico (That's you Tom Hill), you will want to let the legislature know how you feel about this. And ...
by Tomcwark
January 23rd, 2019, 7:34 am
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

An interesting article on this case: https://theintercept.com/2019/01/23/total-wine-david-trone-congress/ This story suggests that the 21st amendment allows states to pass literally any law for any reason concerning alcohol and that Granholm was wrongly decided. Moreover, it suggests that if Total ...
by Tomcwark
January 23rd, 2019, 7:28 am
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

I agree on the commerce clause point in your third paragraph. I guess I just don't understand your argument that retail shipping isn't different from Granholm. In Granholm, the in state wineries were subject to an exception from the three tier system and that exception wasn't available to out of st...
by Tomcwark
January 23rd, 2019, 6:40 am
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

But a retail shipping case is different. States would likely line up to argue a legitimate interest in preserving the three-tier system. It seems totally reasonable to let the states make their case and to let interested third parties submit briefs. It’s a very different case from Granholm or the T...
by Tomcwark
January 22nd, 2019, 8:41 pm
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

I just read the transcripts. My bet is that the court decides the very easy case in front of it now and leaves the retail shipping question to be decided when the court is presented with that question in a subsequent case. At least two of the justices seem concerned about giving states the ability ...
by Tomcwark
January 22nd, 2019, 2:21 pm
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

Kirk,

Two cases were decided relatively recently. One in IL and one in MI. The Supreme Court case recently heard will impact both of those cases if it is one of those you are referring to.

Tom...
by Tomcwark
January 22nd, 2019, 8:04 am
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

Jason, It's now in the hands of the Justices. It's likely they will issue an opinion sometime in late spring. Additionally, there are at least two wine-related shipping cases sitting in the lower courts (one in Michigan Federal District Court, another in the Seventh Circuit Court of Appeals concerni...
by Tomcwark
January 18th, 2019, 1:24 pm
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

By the way, the audio recording of he oral arguments are available now: https://www.supremecourt.gov/oral_argum ... 2018/18-96
by Tomcwark
January 18th, 2019, 1:19 pm
Forum: Wine Talk
Topic: The Supreme Court May Change the Way You Buy Wine
Replies: 46
Views: 3054

Re: The Supreme Court May Change the Way You Buy Wine

The first thing that I think has to be noted is that I'm not sure there is any possible way the Court can rule on this case without saying whether or not the non-discrimination principles in Granholm applies to retailers. Clearing that up is a good thing. Second, I think it's entirely doable that th...
by Tomcwark
November 21st, 2018, 1:05 pm
Forum: Wine Talk
Topic: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee
Replies: 82
Views: 4124

Re: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee

I don't have time today to read all those briefs, but I scanned a few. One, from Center for Alcohol Policy, makes essentially prohibitionist arguments that higher prices and limited availability are desirable in that they reduce alcohol consumption. Another, from Consumer Action, makes a contradict...
by Tomcwark
November 21st, 2018, 10:47 am
Forum: Wine Talk
Topic: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee
Replies: 82
Views: 4124

Re: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee

I may be of interest. 14 different groups and associations have filed Amici briefs supporting the restrictive TN law and arguing that restrictions on retailers, whether they burden interstate commerce or not, are constitutional. In addition, the TN Wine & Spirit retailers have filed their initial br...
by Tomcwark
November 16th, 2018, 7:57 am
Forum: Wine Talk
Topic: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee
Replies: 82
Views: 4124

Re: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee

. . . With all due respect, Winefreedom.org appears to have been established by NAWR, which, after all, stands for National Association of Wine Retailers. If I were the Supreme Court, I would be much more interested in reading a brief prepared by, sponsored by, organized by and setting forth the op...
by Tomcwark
November 15th, 2018, 10:12 am
Forum: Wine Talk
Topic: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee
Replies: 82
Views: 4124

Re: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee

I am more than happy to help as well. I think an important first step is contacting the attys on our side to see what is missing and what would be useful. When I used to do things like this ages ago, the best planned cases farmed out different types of arguments to different amici. So the question ...
by Tomcwark
November 14th, 2018, 11:51 am
Forum: Wine Talk
Topic: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee
Replies: 82
Views: 4124

Re: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee

Jeff Rosenberg wrote:
November 14th, 2018, 9:01 am
Tomcwark wrote:
November 14th, 2018, 7:19 am
please consider help funding the WineFreedom brief at GofundMe.
Okay. I just put my $50 where my mouth is.
Thank you, Jeff!!!
by Tomcwark
November 14th, 2018, 8:44 am
Forum: Wine Talk
Topic: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee
Replies: 82
Views: 4124

Re: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee

for board lawyers that are interested in the issues, this is a very good primer: https://ir.lawnet.fordham.edu/ulj/vol30/iss6/2/ "There are only two ways an ordinary citizen acting in a private capacity can violate the United States Constitution. One is to enslave someone, violating the Thirteenth ...
by Tomcwark
November 14th, 2018, 7:19 am
Forum: Wine Talk
Topic: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee
Replies: 82
Views: 4124

Re: So how about if the lawyers here get serious - Amicus Brief in Byrd v. Tennessee

Jay, Although, WineFreedom.org is aldready overseeing the writing of an Amicus Brief in Byrd v Tennessee that specifically addresses the interests of wine consumers that is funded not by reteailers, wineries or wholesalers, I support the Berserkers' efforts to submit an Amicus in the case. If for no...
by Tomcwark
November 9th, 2018, 5:56 pm
Forum: Wine Talk
Topic: Amicus Brief for Supreme Court Wine Case
Replies: 2
Views: 405

Re: Amicus Brief for Supreme Court Wine Case

Jayson,

You'll see it! Spread the word on the funding campaign.
by Tomcwark
November 9th, 2018, 4:15 pm
Forum: Wine Talk
Topic: Amicus Brief for Supreme Court Wine Case
Replies: 2
Views: 405

Amicus Brief for Supreme Court Wine Case

Wanted to let all the Berserkers know about this before the announcement next Monday: https://www.gofundme.com/wine-consumer-supreme-court-brief In addition to an Amicus brief by the National Association of Wine Retailers, there will be an Amicus that specifically addresses consumer-issues in the By...
by Tomcwark
October 12th, 2018, 10:06 am
Forum: Wine Talk
Topic: Supreme Ct to hear another wine shipping case
Replies: 43
Views: 2201

Re: Supreme Ct to hear another wine shipping case

This thread provides a pretty interesting discussion of the upcoming (Byrd v Tennessee) Supreme Court case. Here's what I can tell you. Despite the case on its face being about Tennessee's durational residency requirements, I don't think it is possible to lead to a ruling that does not impact inters...
by Tomcwark
June 15th, 2018, 8:59 am
Forum: Wine Talk
Topic: The Big Parkerization Lie
Replies: 180
Views: 8009

The Big Parkerization Lie

Tom, Congratulations on reading the whole article. I got about half way through before I gave up. Your point is a fair one. I remember when Parker fell in love with Taylor s Refresher aka Gott's Roadside. He never lost his love of cheeseburgers etc. That place still has huge lines and has expanded....
by Tomcwark
June 15th, 2018, 8:28 am
Forum: Wine Talk
Topic: The Big Parkerization Lie
Replies: 180
Views: 8009

The Big Parkerization Lie

To argue otherwise is to say those wine consumers who followed Mr. Parker’s advice and drank in copious amounts of the wines he recommended were blindsided by a Svengali-like critic with the power to hypnotize a generation of wine drinkers and persuaded them to drink what they did not like. This is...
by Tomcwark
February 17th, 2018, 1:43 pm
Forum: Wine Talk
Topic: More Direct Shipping Woes . . .
Replies: 20
Views: 1852

More Direct Shipping Woes . . .

Regarding New Hampshire... Here's the story. The chairman of the liquor commission wanted to ban shipments from out of state retailers. National Association of Wine Retailers, along with Wine Freedom, started to work to stop the effort. NAWR got out press releases, contacted members of the Commerce ...
by Tomcwark
February 5th, 2018, 7:41 pm
Forum: Wine Talk
Topic: Help with New Hampshire Wine Shipping Bill Needed
Replies: 1
Views: 168

Help with New Hampshire Wine Shipping Bill Needed

If there are any New Hampshire residents on the board, we could use your help with a bill they are trying to pass that would ban shipments into the state from out-of-state wine retailers. Email me please if you live in New Hampshire: tom@nawr.org The bill is SB 353. Basically, it bans out of state r...
by Tomcwark
January 20th, 2018, 3:05 pm
Forum: Wine Talk
Topic: UPS stops shipping wine to Washington State
Replies: 31
Views: 1831

UPS stops shipping wine to Washington State

The key is to call both your representatives and make your case using your own story. You can tell him that a bill would garner significant support from Washington consumers.
by Tomcwark
January 17th, 2018, 6:51 am
Forum: Wine Talk
Topic: Massachusetts Wine Shipping Alert
Replies: 10
Views: 811

Massachusetts Wine Shipping Alert

Now is the time for Massachusetts wine lovers to get in the game. A Massachusetts wine shipping bill, HB 3891, would allow shipments from out-of-state wine retailers into the state, finishing the job that was started in 2014 when the winery shipping bill was passed. The bill is currently in the Joi...
by Tomcwark
January 17th, 2018, 6:39 am
Forum: Wine Talk
Topic: Massachusetts Wine Shipping Alert
Replies: 10
Views: 811

Massachusetts Wine Shipping Alert

Now is the time for Massachusetts wine lovers to get in the game. A Massachusetts wine shipping bill, HB 3891, would allow shipments from out-of-state wine retailers into the state, finishing the job that was started in 2014 when the winery shipping bill was passed. The bill is currently in the Join...
by Tomcwark
January 10th, 2018, 2:36 pm
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

Alan,
There have been few problems with retailers in any state shipping to the 14.
by Tomcwark
January 10th, 2018, 2:14 pm
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

Hate to say this but the more this goes on the more I am narrowing my retailer purchases to NJ and NY, worst it comes to I can drive for a pick up if it cannot be shipped. By the way, NAWR believes that NJ is among the states that is primed to look at a wine shipping law allowing its consumers to r...
by Tomcwark
January 10th, 2018, 12:31 pm
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

Received an email from an assistant to my state representative. I do not recall sending a previous message, but here was the response I got from the message sent out via winefreedom.org earlier this morning: "Thank you for your second message on this issue. Rep. Cody has read both messages and aske...
by Tomcwark
January 10th, 2018, 9:07 am
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

I don't know how I've missed this in the past, but I always thought WA state was good in this respect. I didn't realize we are on the do not ship to states. Just signed up - thanks! As a side note, I do mostly buy locally, but I did make a couple out of state purchases last year. Both from CA retai...
by Tomcwark
January 10th, 2018, 8:56 am
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

A request/suggestion: Could we keep specifics on which retailers are shipping to problem states off the public forum and put them in PM? Especially the details on how they are getting around the restrictions? This is a very good idea. But...here's what I can say. Wine retailers have been dealing wi...
by Tomcwark
January 10th, 2018, 8:53 am
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

Tom- I am still receiving deliveries via Fedex from several retailers with deliveries expected this week. How are these retailers circumventing? Are they just taking a chance? Thanks for your thoughts above on this important issue. Dennis, not knowing the retailer nor their logistics solution, it's...
by Tomcwark
January 10th, 2018, 7:27 am
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

If we live in one of the 14 states where everything is good, is there anything we can do to help? Scott, Absolutely. It's simple. Point your friends, colleagues, and social media acquaintances who are wine lovers to WineFreedom.org and ask them to do two things: 1) Take 30 seconds to send an email ...
by Tomcwark
January 10th, 2018, 7:08 am
Forum: Wine Talk
Topic: 2018 Update on Wine Shipping
Replies: 20
Views: 1254

2018 Update on Wine Shipping

I wanted to give the Berserkers an update on the status of wine shipping here at the beginning of 2018 and also thank the Berserker community for your input and support over the past year. I've been contacted by a large number of you with questions, comments, offers of help and insightful intelligen...
by Tomcwark
December 4th, 2017, 10:22 am
Forum: Wine Talk
Topic: Missouri Hit With Lawsuit Over Wine Shipping
Replies: 17
Views: 1249

Missouri Hit With Lawsuit Over Wine Shipping

I should make a couple things clear. The move in MO earlier to rescind their reciprocity law was a result of lawmakers being pressured to due to a lawsuit that had been filed that challenged that reciprocity provision. Granholm made clear the Supreme Court did not believe that reciprocity agreements...
by Tomcwark
November 30th, 2017, 10:36 am
Forum: Wine Talk
Topic: Missouri Hit With Lawsuit Over Wine Shipping
Replies: 17
Views: 1249

Missouri Hit With Lawsuit Over Wine Shipping

This is good news. https://www.riverfronttimes.com/foodblog/2017/11/30/lawsuit-challenges-missouris-restrictive-wine-sale-and-shipping-laws With the filing of this lawsuit, there are now three lawsuits challenging discriminatory wine shipping laws, Michigan and Illinois as well as Missouri. The goal...
by Tomcwark
November 29th, 2017, 10:26 am
Forum: Wine Talk
Topic: Thugs of the Wine Industry Response to Tom Wark
Replies: 18
Views: 2319

Thugs of the Wine Industry Response to Tom Wark

I've received a bevy of letters like this over the years. Almost without exception the letters are from gmail or yahoo address and are anonymous. This is hardly the worst one. I have no idea who wrote it. But I can say that it's similar to others I've often received, though without the threats.
by Tomcwark
November 16th, 2017, 8:56 am
Forum: Wine Talk
Topic: Wine Freedom
Replies: 7
Views: 732

Wine Freedom

Signed up. Thanks for letting me know. We here in MA need all the help we can get! Scott Thanks Scott. You're going to get that help. There is currently a good bill in MA that you can read about here: https://www.winefreedom.org/ma/ The Wierd thing about Mass is that not only to they ban consumers ...
by Tomcwark
November 16th, 2017, 7:59 am
Forum: Wine Talk
Topic: Wine Freedom
Replies: 7
Views: 732

Wine Freedom

Matt:

Thanks very much for the involvement and offer. Please see your Private Message.

Tom...
by Tomcwark
November 16th, 2017, 7:34 am
Forum: Wine Talk
Topic: Wine Freedom
Replies: 7
Views: 732

Wine Freedom

Tom,

Thanks. NAWR can lobby, work with media, support lawsuits and lay out the funds necessary. But the fact is, in this particular political battle consumers win only if consumers are involved. It's a pretty simple equation.
by Tomcwark
November 15th, 2017, 11:43 am
Forum: Wine Talk
Topic: Wine Freedom
Replies: 7
Views: 732

Wine Freedom

Gentlemen & Ladies: I wanted to let you know that the National Association of Wine Retailers and other groups are working to create a nationwide coalition of wine consumers willing to contact lawmakers when retailer wine shipping issues are under consideration. Think of it as Free the Grapes for con...
by Tomcwark
October 18th, 2017, 7:05 am
Forum: Wine Talk
Topic: Retailer shipping to Georgia (request for help)
Replies: 9
Views: 602

Retailer shipping to Georgia (request for help)

Aaron, Good show. You have a great opportunity. A few suggestions. 1. Bring a couple other people with you. It makes a difference. 2. What you are asking for is to be able to receive wine shipments from out-of-state wine retailers in the same manner that out-of-state wineries may ship. Same limits a...
by Tomcwark
April 28th, 2017, 4:13 pm
Forum: Wine Talk
Topic: Bill Allows Wine Retailers to Ship to Texas
Replies: 65
Views: 4253

Bill Allows Wine Retailers to Ship to Texas

The sponsor of the bill is an interesting guy. Rep Matt Rinaldi filed the bill on his own because upon hearing about the restrictions on Texans receiving shipments of wine he was literally ideologically and philosophically offended. He's not a big wine guy at all. He's among the most conservative la...
by Tomcwark
April 28th, 2017, 2:42 pm
Forum: Wine Talk
Topic: Bill Allows Wine Retailers to Ship to Texas
Replies: 65
Views: 4253

Bill Allows Wine Retailers to Ship to Texas

In 2008, when Texas was being sued for its discriminatory treatment of out of state wine stores, the Texas Legislature passed a law that allowed Texas package stores to only ship wine within their county. it was an attempt to make the lawsuit against the state moot. The current bill being heard on M...
by Tomcwark
April 28th, 2017, 7:29 am
Forum: Wine Talk
Topic: Bill Allows Wine Retailers to Ship to Texas
Replies: 65
Views: 4253

Bill Allows Wine Retailers to Ship to Texas

We worked very hard to get a hearing on this bill and got lots of folks to contact the right people. The hearing on Monday will hang entirely on whether we can get consumers to show up and speak. I'll be there and I have a particular grasp of the issue, but I'm not a Texan nor a constituent. It shou...

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