| FOR IMMEDIATE RELEASE August 25, 2010 | Contact: Rebecca Spicer Contact: Kathleen Joyce |
For Third Time, 5th Circuit Rules Against Specialty Wine Retailers
Texas Alcohol Law Stands as Valid
ALEXANDRIA, VA – For the third time this year, the 5th Circuit Court of Appeals has ruled against the Specialty Wine Retailers Association (SWRA) in Siesta Village Market v. Steen, sending a strong message that the Court’s original ruling validating Texas’ alcohol law stands.
In its most recent appeal filed earlier this month, the SWRA requested that the full 5th Circuit rehear the case and reconsider the Court’s previous two rulings. In January, a 5th Circuit panel of judges ruled in favor of the state of Texas and its law that allows in-state retailers to remotely sell and ship wine to Texas consumers but denies that right to out-of-state retailers. The SWRA then asked for an en banc hearing, which means the case would be heard by all the judges on the Court; however, in July, the Court denied the SWRA’s request, meaning the previous ruling in favor of the Texas alcohol law stood.
Now, all 5th Circuit judges have issued a clear, unanimous decision via a form letter that stated, “No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc […] the Petition for Rehearing En Banc is DENIED.”
National Beer Wholesalers Association (NBWA) President Craig Purser issued the following statement:
“The 5th Circuit Court continues to rightly uphold the ability of the state of Texas to regulate alcohol. The Court has also recognized the broad authority of the 21st Amendment and has acknowledged that alcohol is different than other products. It is disappointing that plaintiffs such as the Specialty Wine Retailers Association continue to file appeals in their attempts to invalidate legitimate court rulings. These relentless attempts to break down a state’s ability to regulate alcohol and efforts to expand the 2005 Granholm v. Heald Supreme Court ruling highlight the need for Congress to reaffirm and protect the primary authority of states to regulate alcohol.”
For more details and analysis on the 5th Circuit’s rulings, please visit www.alcohollawreview.com.
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The National Beer Wholesalers Association (NBWA) represents the interests of America’s 2,850 licensed, independent beer distributor operations in every state, congressional district and media market across the country. Beer distributors are committed to ensuring alcohol is provided safely and responsibly to consumers of legal drinking age through the three-tier, state-based system of alcohol regulation and distribution. To learn more about America’s beer distributors, visit www.AmericasBeerDistributors.com.
