High-profile New York wine writers Lenn Thompson and Evan Dawson won't judge at future wine competitions, and urge other journalists to follow suit.
The complaints are valid -- but their prescription doesn't work for states like Michigan.
Pssssst! Hey, buddy, wanna buy a genuine trophy-winning Michigan ice wine for just $15? Doug Welsch of Fenn Valley is betting 900 cases on a one-time-only deal he figures you can't resist...
| Berrien Springs | ![]() |
79°F |
| Fennville | ![]() |
77°F |
| Grass Lake | ![]() |
75°F |
| Suttons Bay | ![]() |
75°F |
| Old Mission | ![]() |
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| Federal Judge Overturns Michigan's Interstate Retail Shipping Ban |
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Federal Judge Denise Page Hood has ordered the state of Michigan to allow wine retailers nationwide to ship directly to state residents. Hood's ruling, dated September 30, comes from a case filed in U.S. District Court in Detroit that asserts Michigan beverage laws are unconstitutional because they let in-state wine retailers ship to state residents, but don't accord the same right to retailers in other states. In granting the Plaintiffs' motion for Summary Judgment, Judge Hood ruled that "State regulations such as this are not authorized by the Twenty First Amendment if the regulations create an extra burden on out-of-state wine retailers." Judge Hood's order specifically bars enforcement of Michigan's current law "which prohibits out-of-state wine retailers from selling, delivering and shipping wine through interstate commerce directly to consumers in Michigan." Plaintiffs in the case are Siesta Village Market, a Florida wine retailer, and Michigan residents Terry Fowler and Joseph Chess. Defendants are Governor Jennifer Granholm, Attorney General Mike Cox, Liquor Control Commission Chair Nida Samona, and the Michigan Beer and Wine Wholesalers Association.
READ: Judge Hood's full ruling (will open in new tab or window) An appeal of Judge Hood's decision to the U.S. Sixth Circuit Court is likely, along with a request by the State to postpone implementation of her order until the appeal is heard. Even if the order is not stayed or appealed, implementation could take months. The Granholm decision led to a legislative battle over winery-direct shipping, followed by lengthy administrative delays until the Liquor Control Commission issued regulations to license and tax out-of-state winery shippers. ___________________________________________________________ UPDATE: Major online retailer Wine.com announced it will immediately start taking orders to ship wine to Michigan. "We support free trade and state laws against out-of-state wine retailers are anti-consumer," said Rich Bergsund, Wine.com CEO, in a press release dated October 3. This action gets the jump on anticipated efforts by state officials to stay implementation of Judge Denise Hood's order that overturned Michigan's ban on wine shipments by out-of-state retailers, pending an appeal. (See full story below)
Wine.com's website now lists Michigan as one of 30 states to which
the retailer ships wine.
Attempts to reach company officials for comment were not immediately
returned. We'll post updates as more information becomes available. ___________________________________________________________
UPDATE: Federal Judge Denise Page Hood, who on September
30 threw out Michigan's prohibition against wine shipments by
out-of-state retailers, issued a temporary stay of her ruling to give
defendants time to appeal.
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The founder of southwest Michigan's Fenn Valley Vineyards died on August 6 at the age of 83. He purchased the land for Fenn Valley in 1973 and built the winery three years later.
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Links to wine news from Michigan and elsewhere. Use the Contact Fom to let us know what should be here.
New posts every Tuesday, sometimes more or less often
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KNOW A GOOD BYO? PLEASE SHUT UP!
Michigan's consumer-unfriendly laws make most BYO illegal. So publicizing places that quietly allow it doesn't necessarily do them any favors.
Yes, thank you, I believe I WILL try some Michigan Cabernet Franc next to that '86 Cheval Blanc
Mere coincidence that Old Mission's two South African-trained winemakers grabbed all the awards at the Cab Franc Challenge? Maybe not...
WINE WRITING'S ETHICAL THICKET
Why does wine writing tolerate murky ethics and apparent conflicts of interest that wouldn't be acceptable in other areas of journalism? The new AnnArbor.com is the latest media outlet to ignore such concerns.
Kalamazoo retailer Stingley believes Cab Franc has the chops to become our state's flagship. And he's organizing a one-of-a-kind event to help make it happen.
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