Some of this was discussed here before but there is new info:
Verrrry interesting!
I really hope Empire embarrasses regulator guy.
Edit: I just read what I wrote. Sounds like a bad WWE match.
As I’ve come to expect from Tom, the article is a bit sensationalist, but it’s got some good information and I agree with the points he makes. I have been wondering why Empire would be singled out. I would bet Tom is right that whatever the reason is, it is not appropriate. I hope Empire wins the suit and that Rosen is forced out of his position. If Empire wins, it could set an important precedent for any other state (Massachusetts) that has some bizarre and pointless law disallowing retailers from shipping to other states. Given the cost of taking a lawsuit to federal court, maybe NY will settle. Empire might be hoping for just that, eliminating the fine and maybe prompting some new legislation preventing this type of thing from happening again.
Having grown up in a known mob stronghold of Brooklyn and having also dealt with the NY State Liquor Authority as a retailer, I can say that nothing the latter does surprises me, as its methods are derived from the former’s.
Go get 'em Empire. If they start shipping again, I’ll be buying.
The sad thing is that it can easily cost Empire $100K just to fight this. So in a sense, they lose either way. As far as “reasons he won’t go into”, I can’t see how a public official can make a statement like that. If there’s a fine, there’s a reason, and if there’s a reason, there’s a public right to know.
From the NY Dept of State:
Who is subject to the Freedom of Information Law?
Every New York State or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function is subject to the Law.
I’d chip in for their defense.
My wife is hoping all NY retailers stop shipping out of state.
That’s hilarious, David. I think my wife has hoped for the same thing at times. Mostly in the spring and fall.
Empire lose the first battle but continues the war.
Should be expected that a Judge would hesitate to restrain an agency authority prior to the exhaustion of the administrative procedure. Meaningful review would be expected after, and I hope that it works out for Empire.
Brad Junco is the owner of Empire Wines. Shipping is part of his business model. I think he will fight this to the death. I wish him well.
I wish him well too. I am with him, Rosen is overreaching, and needs someone to explain to him when he has goes too far.
http://imarketreports.com/wine-ship-flap-rattles-retailers.html
Latest update on this mess