Massachusetts Wine Shipping allowed...Not so fast

WINE TALK
1

I just got this email this morning. There recently was a case in the Supreme Judicial Court (our highest court) pertaining to wine shipments and it overturned the ban…Here’s today’s news:

Bad news.
Last November we sang the praises of a Boston judge who green-lighted Massachusetts residents’ receiving shipments of wine directly from larger wineries around the country.
This was good news, we said.
Let the games begin, we said.
Even then, we admitted it will take a while for all the kinks to be worked out. But we were optimistic.
Until yesterday.
Yesterday we learned that Massachusetts’ very own Attorney General is appealing the judge’s decision, tying up the legislation – not to mention our shipments from Napa, Mendocino and the Willamette Valley – indefinitely.
We’re a little unclear on the motive.
Our best guess? The AG wants to keep the state’s monopoly on wine distribution intact.
Does that help the $$$tate? $$$ure.
Does it help consumers who just want their Wine Club shipments from CA? Not so much.

2

From Free the Grapes:

Massachusetts Attorney General to Spend Taxpayer Money to Maintain Discriminatory Ban on Wine Direct Shipping
Despite a decisive opinion and remedy order by widely respected U.S. District Court Judge Rya Zobel, Massachusetts Attorney General Martha Coakley will spend taxpayer dollars to appeal the judge’s decision, which promised an expansion of consumer choice in fine wine.

On November 19, 2008, Judge Zobel ruled unconstitutional a Massachusetts statute that bans winery-to-consumer shipments from wineries producing more than 30,000 gallons and who retain a Massachusetts wholesaler; these wineries account for over 90% of all of the wine produced in the US each year, according to the plaintiff’s filing (Family Winemakers v. Jenkins). On December 18, Judge Zobel enjoined the state from enforcing Sections 2, 18 and 19(F) of the Massachusetts General Law Chapter 138.

Now, Attorney General Coakley intends to appeal the final decision to the 1st Circuit Court.

ACTION:

  1. Today, please personalize and fax the sample message below to Attorney General Coakley .
  2. Forward this message: Encourage your friends, family and colleagues in Massachusetts to support consumer choice in wine! Sign-up for our email list at http://www.freethegrapes.org" onclick="window.open(this.href);return false;.
3

Thanks for posting this. I’m calling her office tomorrow. Wont get through Im sure, but Im still calling.

4

Post this on ebob too - of if you dont want to, let me know and I will…

5

Sent and signed as Robert T. Kaminski (tax payer and voter)

6

Got a letter from the AG about my email, so they did get it.

7

Yeah, I got one too…basically said screw off we have to do this by law!

8

Zachary,

Used to be able to ship to our mailing list customers, up until about November (last time), since then was turned down and told no wine shipment can go to MA unless it goes to a business holding a wine license, could be a retail shop, restaurant or bar. What is going on is the state made a requirement on FedEx and UPS to file all sorts of paperwork for deliveries to consumers (non licensed entities) and it is FedEx and UPS that are refusing to accept shipments since they will spend so much time on filig the paperwork for each such shipment it makes it crazy for them to play. I was told if I ship to licensed entity all is good.

If you have a friendly bar owner you may still get your shipments, they just need to go to that address.

9

The part that really irks me is I can’t ship to Massachusetts but their retailers can ship to California in direct competition. Kinda like government controlled organized crime. “We protect our family, but if youse try to come inna our territory, we breaka youse legs.” [1928_middle_finger.gif]

10

Randy,

I was shocked when I attempted to ship via Buffalo and they said they can’t do it, this after years of not even blinking an eye. I am looking for a licensed place to accept shipments, but have no idea if that will work and how. Should hear back in a few days.

11

Greg,

We’ve had a few customers give us addresses in NY to ship to in order to avoid hassles. A couple other retailers I know double pack the boxes and hope for the best. Fair trade agreements with 56 countries and none between the states. [stop.gif] [dash1.gif]

12

Randy and others…all band together and bring a law suit against the commonwealth of massachusetts. In my book, that has to be unconstitutional what they’re doing…and if not, it should be! hahaha

13

Actually, I guess it would be up to your state to block their shipments…so maybe not

14

After 2 hours of research on the Sherman Anti Trust law and 23 laws passed afterwards to thwart anti trust prosecutions, I have determined that I should check the wind direction before relieving myself. If I get a cease and desist order from Mass., I will start watchin out for large Italian looking guys with bulges in their coats that may be Thompson submachine guns. [big_boss.gif] [help.gif]