Unless the state continues to wage war on its own consumers, a Christmas Eve ruling by a federal appeals court will stand, making Kentucky allow out-of-state wine shipments into the state even if the purchase was made via telephone or online.
The U.S. 6th Circuit Court of Appeals upholds a 2006 decision from U.S. District Judge Charles R. Simpson III that knocked down the state law prohibiting shipments of such wine purchases from out of state.
Cherry Hill Vineyards owners Jan and Mike Sweeney (above) filed a lawsuit that allowed the three-judge panel to rule on the case. They said Kentucky's in-person purchase requirement violates the Commerce Clause of the U.S. Constitution and illegally gives preference to Kentucky businesses over out-of-state merchants.
Cherry Hill Vineyards is located in Oregon's Willamette Valley. The 12,000 square foot winery produces about 7,000 cases of estate-grown pinot noir each year from grapes grown on its 90 acres, as well as some pinot gris and pinot noir dry rosé.
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