Kentucky wine shipping law overturned

January 5, 6:12 PMDrinks ExaminerBill Dowd

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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 upheld a 2006 decision from U.S. District Court Judge Charles R. Simpson III that knocked down a 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 violated the Commerce Clause of the U.S. Constitution and illegally gives preference to Kentucky business 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 dry rose.