State appeals wine shipping decision

FROM STAFF REPORTS

November 04, 2008 12:00 am

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LANSING -- The state will appeal a recent federal court ruling that struck down Michigan's wine shipping laws.

The state Attorney General's office is appealing a Sept. 30 ruling by U.S. District Judge Denise Hood that struck down the state's 2005 wine shipping laws as unconstitutional. The state law allowed Michigan consumers to have wine shipped directly from Michigan wine makers and out-of-state wineries, but did not provide for shipping to consumers from out-of-state retailers.

A Florida-based online retailer and a Michigan couple sued the state over the regulations in federal court. The court ruled the shipping rules violated federal interstate trade laws.

State Attorney General's office spokesman Matt Frendeway confirmed the state appealed the decision last week. Ken Wozniak, director of executive services for the Michigan Liquor Control Commission, said the state appealed because the ruling "undermines" the LCC's licensing system for retailers.

"We don't know who these people are or what they had to go through to get licenses in other states," Wozniak said.

A national wine retailing group criticized the appeal as "cronyism, protectionism and politics."

"Michigan residents and wine lovers in particular should immediately demand the Attorney General and their representatives in the state Legislature take steps to protect consumers' rights rather than the financial interests of the small, well-heeled cabal of wine distributors who control consumer choice in the state," said Tom Wark, director of the Specialty Wine Retailers Association.