Federal Judge Rejects Wine, Beer Limits

Dealing a preliminary victory to the nation’s wineries and breweries, a federal judge in Virginia has struck down a state law barring its residents from ordering wine and beer from out of state delivered to their homes.

U.S. District Judge Richard L. Williams of the Eastern District of Virginia ruled Friday that the state law was unconstitutional because it unfairly discriminated in favor of in-state wineries, which can ship wine legally to state residents.

Out-of-state wineries, he said, should have a similar opportunity to reach customers without going through wholesalers and retailers.

California wineries and wine e-commerce sites can’t yet begin filling Virginia orders. The state of Virginia has indicated that it will appeal the decision, and Judge Williams has issued a stay of his order pending that appeal.

The wine industry is hoping that Williams’ decision, which is in conflict with the decision of other state courts, will prompt the Supreme Court to take up the issue of direct shipping of wine and beer.