Breaking News - Senate Advances Anti-Interstate Beer Shipping Bill
March 13, 2000 -- "21st Amendment Enforcement Act" would end "beer of month" clubs and direct wine sales
The fine folk at Brewers' Association of America (BAA) shared this information regarding the ongoing battle in the U.S. Congress over the interstate shipment of alcoholic beverages. Anti-alcohol zealots have joined forces with a number of wholesaler groups to pressure for federal restrictions on such practices as “beer of the month” clubs and direct sales from small, usually family-owned wineries. Thanks to BAA President Daniel Bradford for this timely update.
On Thursday March 2, the Senate Judiciary Committee voted to send the "21st Amendment Enforcement Act" to the full Senate for consideration. If passed, the Act will allow state authorities to use federal courts to enforce state laws concerning the importation and transportation of alcohol beverages. The law is designed to overcome jurisdictional obstacles to the enforcement of state laws against the direct shipment of alcohol beverages to consumers.
Different versions of the 21st Amendment Enforcement Act passed both the House and the Senate last year. Supported primarily by wholesaler groups eager to stop the growth of mail order wine and beer sales outside the three-tier system, those bills did not become law because the Juvenile Justice Act that contained the Senate bill stalled in conference for reasons unrelated to direct shipping. In addition, direct shipping supporters amended last year's House bill to include a statement that the law did not allow states to discriminate against interstate commerce.
The bill that cleared the Judiciary Committee last week contains similar language to that approved by the House last year. Thus, the latest bill ties a state's ability to prohibit direct shipping to the current state of the Constitutional law. This compromise language leaves many state laws open to legal challenges similar to the ones that recently invalidated direct shipping bans in Indiana and Texas. As a result, both the Wine Institute and the American Vintner's Association -- major opponents of the 21st Amendment Enforcement Act -- have decided not to actively oppose the current bill.
For more information about BAA, check out their website at:
http://www.brewersadvocate.org/
Browse the Archive of Breaking News.
