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	<title>Comments on: The Commerce Clause, the CARE Act, and Clarity</title>
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	<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/</link>
	<description>Untangling the complex world of wine direct shipping and compliance</description>
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		<title>By: What Scholars Have to Say About the CARE Bill - ShipCompliant</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-501614</link>
		<dc:creator>What Scholars Have to Say About the CARE Bill - ShipCompliant</dc:creator>
		<pubDate>Fri, 22 Apr 2011 05:03:22 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-501614</guid>
		<description>[...] the CARE bill that counters my Wine &amp; Spirits Wholesalers of America colleague Karin Moore’s spirited defense of H.R. 1161. After all, I was quoted on this blog last year as saying about H.R. 5034, the [...]</description>
		<content:encoded><![CDATA[<p>[...] the CARE bill that counters my Wine &amp; Spirits Wholesalers of America colleague Karin Moore’s spirited defense of H.R. 1161. After all, I was quoted on this blog last year as saying about H.R. 5034, the [...]</p>
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		<title>By: PAWineGuy</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-491711</link>
		<dc:creator>PAWineGuy</dc:creator>
		<pubDate>Mon, 11 Apr 2011 14:35:29 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-491711</guid>
		<description>Godspeed to Craig Wolf on his deployment to Afghanistan. </description>
		<content:encoded><![CDATA[<p>Godspeed to Craig Wolf on his deployment to Afghanistan. </p>
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		<title>By: J Noldes</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-490750</link>
		<dc:creator>J Noldes</dc:creator>
		<pubDate>Sun, 10 Apr 2011 12:41:15 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-490750</guid>
		<description>Ms. Moore is a cretinous shill for the wholesalers, simple as that.  Who can take her seriously?  When this is over she&#039;ll move on to the next highest bidder.  There are two words for people who do that, one of them is &quot;lawyer&quot;. </description>
		<content:encoded><![CDATA[<p>Ms. Moore is a cretinous shill for the wholesalers, simple as that.  Who can take her seriously?  When this is over she&#039;ll move on to the next highest bidder.  There are two words for people who do that, one of them is &quot;lawyer&quot;. </p>
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		<title>By: Mike Officer</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-489461</link>
		<dc:creator>Mike Officer</dc:creator>
		<pubDate>Sat, 09 Apr 2011 00:02:16 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-489461</guid>
		<description>The old red herring was &quot;we have to protect minors from alcohol&quot;.  When direct shipping didn&#039;t lead to a surge of 15 year-olds ordering their favorite Chardonnays and Pinot Noirs for home delivery, wholesale lobbyist had to come up with a new red herring.  Et voila!  States&#039; rights! </description>
		<content:encoded><![CDATA[<p>The old red herring was &quot;we have to protect minors from alcohol&quot;.  When direct shipping didn&#039;t lead to a surge of 15 year-olds ordering their favorite Chardonnays and Pinot Noirs for home delivery, wholesale lobbyist had to come up with a new red herring.  Et voila!  States&#039; rights! </p>
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		<title>By: Tom Wark</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-489262</link>
		<dc:creator>Tom Wark</dc:creator>
		<pubDate>Fri, 08 Apr 2011 18:51:45 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-489262</guid>
		<description>Mike, 
 
If WSWA or NBWA were really concerned about states maintaining their right to regulate alcohol as they see fit, then these associations would have been screaming bloody murder when WHOLESALERS sued states, as they have in TX, KS and IN.  
 
However, not a peep of contempt for these lawsuits surfaced from WSWA or NBWA as they do now when the suits are brought by wineries and retailers. 
 
One more indication that principle and states&#039; rights are not the motivation behind HR 1161. Profit and self protection is what motivates wholesalers. They like lawsuits when they benefit them. They don&#039;t like lawsuits when they aren&#039;t benefiting from them. </description>
		<content:encoded><![CDATA[<p>Mike, </p>
<p>If WSWA or NBWA were really concerned about states maintaining their right to regulate alcohol as they see fit, then these associations would have been screaming bloody murder when WHOLESALERS sued states, as they have in TX, KS and IN.  </p>
<p>However, not a peep of contempt for these lawsuits surfaced from WSWA or NBWA as they do now when the suits are brought by wineries and retailers. </p>
<p>One more indication that principle and states&#039; rights are not the motivation behind HR 1161. Profit and self protection is what motivates wholesalers. They like lawsuits when they benefit them. They don&#039;t like lawsuits when they aren&#039;t benefiting from them. </p>
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		<title>By: Tom Wark</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-489260</link>
		<dc:creator>Tom Wark</dc:creator>
		<pubDate>Fri, 08 Apr 2011 18:47:35 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-489260</guid>
		<description>Harry, the reason small producers don&#039;t support HR 1161 for the reasons you suggest is because they don&#039;t want special protections from competition. In addition, they know that protections they receive might easily turn into discriminatory laws in other states the keep them from those markets. 
 
What goes unmentioned by supporters of HR 1161 is that this is truly radical legislation. Supporters of HR 1161 don&#039;t mention that it would strip wine retailers of all their commerce clause protections. And for no good reason other than to protect lazy in-state retailers and the wholesalers that are incapable of serving consumers who want a greater selection of wines than wholesalers are able or willing to provide to local retailers. When consumers are banned from buying wine from out of state retailers they are left with a selection of imported wines that often represents only a tiny percentage of the imported wines that would be available to them if they could buy direct from out of state retailers. 
 
Wholesalers are notoriously ignorant and dismissive of consumer desires and needs. 
 
Both your comments, Harry, as well as Karin&#039;s response make crystal clear that the benefits of HR 1161 come only as a results of the protectionist legislation that the law would allow. My hope is that this clear indication of the motivations behind this law as described here will make their way to lawmakers considering HR 1161. </description>
		<content:encoded><![CDATA[<p>Harry, the reason small producers don&#039;t support HR 1161 for the reasons you suggest is because they don&#039;t want special protections from competition. In addition, they know that protections they receive might easily turn into discriminatory laws in other states the keep them from those markets. </p>
<p>What goes unmentioned by supporters of HR 1161 is that this is truly radical legislation. Supporters of HR 1161 don&#039;t mention that it would strip wine retailers of all their commerce clause protections. And for no good reason other than to protect lazy in-state retailers and the wholesalers that are incapable of serving consumers who want a greater selection of wines than wholesalers are able or willing to provide to local retailers. When consumers are banned from buying wine from out of state retailers they are left with a selection of imported wines that often represents only a tiny percentage of the imported wines that would be available to them if they could buy direct from out of state retailers. </p>
<p>Wholesalers are notoriously ignorant and dismissive of consumer desires and needs. </p>
<p>Both your comments, Harry, as well as Karin&#039;s response make crystal clear that the benefits of HR 1161 come only as a results of the protectionist legislation that the law would allow. My hope is that this clear indication of the motivations behind this law as described here will make their way to lawmakers considering HR 1161. </p>
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		<title>By: Mike Officer</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-489196</link>
		<dc:creator>Mike Officer</dc:creator>
		<pubDate>Fri, 08 Apr 2011 17:01:09 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-489196</guid>
		<description>So let me see Karin&#8230;  The CARE Act, aka HR 1161, is essentially HR 5034, a bill admittedly written by the National Beer Wholesalers Association (NBWA).  Are you actually implying that beer wholesalers got together and said, &#8220;We&#8217;re really concerned about states&#8217; rights and the litigation they&#8217;re facing.  Let&#8217;s try to get a law passed to help these states out&#8221;?  Sorry but I&#8217;m not buying that the NBWA and WSWA are that altruistic.   
 
So what is the real reason wholesalers are so eager to see this legislation pass?   If I had to venture a guess, I suspect the CARE Act is phase one of a two-part strategy by large wholesalers to further protect their monopoly and profits.  If the CARE Act passes, challenges to state alcohol law will become more difficult.  That&#8217;s something you indicated above.  Phase two will be for the NBWA and WSWA to lobby state-level Representatives for favorable legislation, for example, as you suggested, legislation that requires direct sales to be consummated face-to-face.  As an owner of a winery with no tasting room and in business only because of our direct sales, face-to-face consummation for a sale would likely be the end of us.  There are many other wineries in a similar situation.  Over time, state by state, lobbying efforts by the NBWA and WSWA will erode the recent progress made in providing consumers with freedom of choice. 
 
The CARE Act seems to benefit no one but wholesalers.  With all the issues our country faces, do we really want elected officials spending time on this?  I certainly hope not.  </description>
		<content:encoded><![CDATA[<p>So let me see Karin&hellip;  The CARE Act, aka HR 1161, is essentially HR 5034, a bill admittedly written by the National Beer Wholesalers Association (NBWA).  Are you actually implying that beer wholesalers got together and said, &ldquo;We&rsquo;re really concerned about states&rsquo; rights and the litigation they&rsquo;re facing.  Let&rsquo;s try to get a law passed to help these states out&rdquo;?  Sorry but I&rsquo;m not buying that the NBWA and WSWA are that altruistic.   </p>
<p>So what is the real reason wholesalers are so eager to see this legislation pass?   If I had to venture a guess, I suspect the CARE Act is phase one of a two-part strategy by large wholesalers to further protect their monopoly and profits.  If the CARE Act passes, challenges to state alcohol law will become more difficult.  That&rsquo;s something you indicated above.  Phase two will be for the NBWA and WSWA to lobby state-level Representatives for favorable legislation, for example, as you suggested, legislation that requires direct sales to be consummated face-to-face.  As an owner of a winery with no tasting room and in business only because of our direct sales, face-to-face consummation for a sale would likely be the end of us.  There are many other wineries in a similar situation.  Over time, state by state, lobbying efforts by the NBWA and WSWA will erode the recent progress made in providing consumers with freedom of choice. </p>
<p>The CARE Act seems to benefit no one but wholesalers.  With all the issues our country faces, do we really want elected officials spending time on this?  I certainly hope not.  </p>
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		<title>By: Matthew Mann</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-488557</link>
		<dc:creator>Matthew Mann</dc:creator>
		<pubDate>Fri, 08 Apr 2011 00:02:37 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-488557</guid>
		<description>Harry, I would suggest that laws similar to the laws that benefit small producers in their home state prevent them from reaching customers in other states, and that this is what concerns these small producers.  I would submit that they may have the foresight to look beyond their own backyard. and that some may, in fact, have business plans that anticipate selling to more than merely their neighbors. </description>
		<content:encoded><![CDATA[<p>Harry, I would suggest that laws similar to the laws that benefit small producers in their home state prevent them from reaching customers in other states, and that this is what concerns these small producers.  I would submit that they may have the foresight to look beyond their own backyard. and that some may, in fact, have business plans that anticipate selling to more than merely their neighbors. </p>
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		<title>By: Karin Moore</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-488434</link>
		<dc:creator>Karin Moore</dc:creator>
		<pubDate>Thu, 07 Apr 2011 21:57:51 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-488434</guid>
		<description>Thanks, Harry, and you are right on both counts: the CARE Act would protect laws that differentiate based on the size of the producer (so long as it was even-handed between in-state and out-of-state), and I believe you are also right that small producers are still opposed to the CARE Act, possibly due to the misinformation that it will somehow do away with direct shipping by producers to consumers. It would actually protect direct shipping (meaning producer direct to consumer) laws that are on the books again, so long as they treat in-state and out-of-state producers the same. </description>
		<content:encoded><![CDATA[<p>Thanks, Harry, and you are right on both counts: the CARE Act would protect laws that differentiate based on the size of the producer (so long as it was even-handed between in-state and out-of-state), and I believe you are also right that small producers are still opposed to the CARE Act, possibly due to the misinformation that it will somehow do away with direct shipping by producers to consumers. It would actually protect direct shipping (meaning producer direct to consumer) laws that are on the books again, so long as they treat in-state and out-of-state producers the same. </p>
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		<title>By: Harry Schuhmacher</title>
		<link>http://shipcompliantblog.com/blog/2011/04/06/the-commerce-clause-the-care-act-and-clarity/comment-page-1/#comment-488296</link>
		<dc:creator>Harry Schuhmacher</dc:creator>
		<pubDate>Thu, 07 Apr 2011 18:52:18 +0000</pubDate>
		<guid isPermaLink="false">http://shipcompliantblog.com/blog/?p=973#comment-488296</guid>
		<description>Very clearly written post, Karin.  Rare when parsing through required legalese in most articles regarding the Commerce Clause, Granholm, and the Care Act.  One thing I would add is that small local wineries (read not California wineries or online retailers), craft distillers, and small brewers often benefit from state laws which exempt them from specific provisions of their state alcohol code, usually through a gallonage cap, such as allowing small producers to self-distribution, lower excise tax rates, direct to consumer shipping, and carve outs from franchise laws -- which helps these small producers survive.  The Care Act would seemingly protect those laws from Commerce Clause scrutiny as long as they&#039;re not facially discriminatory.  It surprises me that these small producers are largely still opposed to the Care Act.  Or am i wrong in my supposition.  Thanks. </description>
		<content:encoded><![CDATA[<p>Very clearly written post, Karin.  Rare when parsing through required legalese in most articles regarding the Commerce Clause, Granholm, and the Care Act.  One thing I would add is that small local wineries (read not California wineries or online retailers), craft distillers, and small brewers often benefit from state laws which exempt them from specific provisions of their state alcohol code, usually through a gallonage cap, such as allowing small producers to self-distribution, lower excise tax rates, direct to consumer shipping, and carve outs from franchise laws &#8212; which helps these small producers survive.  The Care Act would seemingly protect those laws from Commerce Clause scrutiny as long as they&#039;re not facially discriminatory.  It surprises me that these small producers are largely still opposed to the Care Act.  Or am i wrong in my supposition.  Thanks. </p>
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