Thursday, January 19, 2012
Ind. Decisions - "7th Circuit Issues Ruling on Alcohol Delivery Law"
The 7th Circuit's Jan. 17th wine shipping decision, Lebamoff Enterprises v. Huskey, summarized here by the ILB, was the subject of an article in Palate Press yesterday, written by David Honig, that begins:
Yesterday one of the most respected judges in the country penned the Federal Seventh Circuit Court of Appeals’ decision on Indiana’s alcohol delivery law, and it was not good news for retailers. Judge Richard Posner smacked down the latest challenge to wine shipping laws, rejecting a case that, in retrospect, might not have been the best next step in the fight.The article concluded:
At issue was Indiana’s law prohibiting delivery by anybody other than the wine seller or employee of the wine seller, barring delivery by carriers like UPS.
The Plaintiff, Cap N’ Cork, a Fort Wayne, Indiana, wine chain, argued the law should be struck for two reasons, conflict with federal law and violation of the Commerce Clause of the Constitution.
This simply might not have been the best case to challenge restrictions on wine delivery. Judge Posner himself went out of the way to note that a different challenge, one brought by the commercial carrier rather than the retailer, was likely to be met with approval. The decision itself is firmly grounded on sound reasoning and analysis. The fact that it was penned by Posner makes it likely to have strong persuasive power even in courts not bound by Seventh Circuit precedent. Further, should the Supreme Court ever hear the issue, on an appeal of this case or another case, it is likely to find Judge Posner’s reasoning persuasive.
Posted by Marcia Oddi on January 19, 2012 08:42 AM
Posted to Ind. (7th Cir.) Decisions