August 10th – (Sacramento, CALIF)—Tom Wark, the National Association of Wine Retailers (NAWR) Executive Director, released the following statement regarding the 11th Circuit Court of Appeals Bainbridge decision upholding constitutional principles mandating a level playing field in Florida wine distribution and once again emphasizing Florida consumers’ rights to access the wines they want from any vendor in the United States:
“We commend and agree with the Bainbridge decision handed down by the 11th Circuit Court of Appeals. This clear and compelling ruling on the terms of the original injunction against discriminatory enforcement of Florida’s laws will not only protect Florida consumers’ rights to legally access the wines they want but also keep the state of Florida out of the business of discriminating against out-of-state retailers via wholesaler-supported protectionist wine shipping actions.”
“The Appeals Court found that the Florida Division of Alcohol Beverage and Tobacco, having in 2018 agreed that a 2006 injunction against enforcing the state’s ban on winery-to-consumer shipments also forbid the state from enforcing against out-of-state retailer shipments, the Division was not entitled three years later to seek a reversal of its earlier declaration in favor of out-of-state retailers on the grounds that a court erred in 2006. As the appellate court found, there was no error in the original injunction and the US Supreme Court decision in Granholm mandated enjoining Florida from enforcing its prohibition on out-of-state vendors and producers from delivering wine to Florida consumers.”
“The result of this important decision is that Floridians will continue to have the right to buy and receive shipments of wine from both out-of-state wineries and out-of-state retailers. It also means that Floridians will not see their access to literally hundreds of thousands of domestic, imported, rare and collectible wines removed.”
Click here to read the decision.
NAWR continues to advocate for the rights of consumers and wine retailers to do business in a well-regulated manner, whether via interstate shipments or in-person transactions. NAWR actively opposes protectionist forces that push discriminatory laws that deny consumers access to hundreds of thousands of wines and prevent retailers from doing business in the national wine marketplace.
About the National Association of Wine Retailers
NAWR is a national trade association representing the retail tier of the wine industry. Its members include many of the finest, most progressive, and most celebrated wine retailers across the United States. The Association advocates for both consumer and retailer rights to transact business in a fair, non-discriminatory, and well-regulated environment. To learn more about NAWR visit www.nawr.org.
