Why am I sharing this? Because small Craftsman – Boutique wineries and wine lovers seeking their unique offerings – are heavily impacted by restrictive direct-to-consumer wine shipping laws. The Family Winemakers of California organization maintains an interactive shipping compliance map that you can see here.
Ever since the repeal of Prohibition (enacted by the 18th Amendment and repealed by the 21st) sales of alcohol in the US has been governed by a patchwork of quilt of federal, state, and local laws and regulations.
One of my often used sayings is “If it doesn’t make sense, politics will explain it.” Such is the case here. In these states (and others) there is a network of politically well entrenched alcohol distributors (beer, wine and spirits). Some say this control dates back to the days of those who controlled the illegal Prohibition booze trade, and those same characters stepped from the shadows into legitimacy offered in the post Prohibition years.
One last Constitutional thought “The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes” This part of the Constitution expressly gives the U.S. Congress the power to pass laws that affect interstate commerce. You can do your own further in-depth research on this topic.
In some states where direct shipping is currently allowed, you can be sure distributor lobbies have these permissions carefully targeted for elimination. Even if shipping is allowed many states require expensive permits that effectively eliminate small wineries from shipping to these residents. You can follow a grass roots effort to establish and maintain direct to consumer wine shipping at this link Free the Grapes.
Back to recent history. It’s time to again remember Juanita Swedenburg a Virginia winery owner who spearheaded an effort to take on inter-state wine shipping regulations and carried the fight to the all the way to the US Supreme Court. IN 2005, the Court handed down a decision stating that a state could not set up different restrictions for wineries that were in-state, and those that were out-of-state.
Sharing an excellent piece from Los Angeles blogger Deb Harkness’ award winning blog – Good Wines Under $20
Drinking Direct Ship Wine? Raise a Glass to Juanita Swedenburg
Deb Harkness Good Wines Under $20 award winning blog
Tuesday, June 19, 2007
Photo by Don Wilson of the Institute for Justice
If you are now able to drink a wine that came directly to you from the winery–and you weren’t able to do that before 2005–you have Juanita Swedenburg to thank for it, at least in part. On June 9, octogenarian Juanita Swedenburg, who took on inter-state wine shipping regulations and took her fight all the way to the Supreme Court, died at her home in Middleburg, VA. (photo by Don Wilson of the Institute for Justice)
This card-carrying member of the Daughters of the American Revolution and former Foreign Service Officer took on the big guns of interstate shipping and made the quiet, convincing argument that the wine that she and her husband, Wayne, made at their historic Virginia farm was no different from any other agricultural product. She could sell her hay in another state, why not her wine? Wasn’t it un-Constitutional to restrict her access to free trade?
The Supreme Court agreed with her and her fellow petitioners, and handed down a decision on May 16, 2005 that a state could not set up different restrictions for wineries that were in-state, and those that were out-of-state. It was the first major blow against direct shipping restrictions, and one that continues to be fought by Free the Grapes and other organizations and winery coalitions. Sadly, her business- and life-partner Wayne had died one year earlier, and did not survive to see their victory.
The Swedenburg family has established an fund at the Virginia Wine Growers Association to promote education and the Virginia wine industry. If you’d like to make a contribution in Juanita’s honor, send it to the Juanita Swedenburg Memorial Education Fund, c/o VWGA, P.O. Box 10045, Alexandria, VA 22310.
A note about the author: Deb Harkness – Her interest in wine began when she was teaching at UC Davis – the Nation’s premier Viticulture & Enology University. There she took classes on wine, and visited nearby Napa and Sonoma wine regions. Now teaching in LA she started blogging to share her wine knowledge and passion with everyday wine lovers.
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