| FOR IMMEDIATE RELEASE August 10, 2010 | Contact: Rebecca Spicer Contact: Kathleen Joyce |
Statement from NBWA on Specialty Wine Retailers’ Third Attempt to Have the 5th Circuit Court Strike Down Texas Alcohol Laws
ALEXANDRIA, VA – For the third time, the Specialty Wine Retailers Association (SWRA) has filed papers seeking full 5th Circuit review in Siesta Village Market v. Steen. In this most recent filing, SWRA is requesting once again that the full 5th Circuit Court of Appeals rehear the case and reconsider the Court’s previous two rulings, including its last denial of an en banc hearing. 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 deliver wine to Texas consumers but denies that right to out-of-state retailers. This law ensures efficient tax collection and appropriate control while providing Texas consumers with tremendous choice and variety. The Court denied the SWRA’s request for a rehearing en banc in July, meaning the previous ruling stood. Now, the SWRA is again asking the full Court to reconsider the case.
National Beer Wholesalers Association (NBWA) President Craig Purser issued the following statement:
“This is the third bite at the apple for these plaintiffs. The 5th Circuit Court has rightly recognized the broad authority of the 21st Amendment and has acknowledged that alcohol is different than other products. It is disappointing, however, that plaintiffs such as the Specialty Wine Retailers Association are continuing their relentless attempts to break down a state’s ability to regulate alcohol within their borders. These frivolous appeals by those seeking to expand the 2005 Granholm v. Heald Supreme Court ruling highlight the intentions of those seeking to deregulate alcohol through litigation and the need for Congress to reaffirm and protect the primary authority of states to regulate alcohol.”
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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.
