2nd Circuit Upholds N.Y. Statute Barring Direct Sale of Wine

July 6, 2009

The 2nd Circuit has rejected a challenge from out-of-state wine retailers to New York state's prohibition on direct sales and delivery of wine to New Yorkers. Deciding a closely watched case that drew three intervenors and a number of amici, the federal appeals court said New York's Alcoholic Beverage Control Law does not violate the commerce clause of the U.S. Constitution because it does not favor in-state sellers at the expense of out-of-state sellers.