Judge: Massachusetts Wine Shipping Laws Unconstitutional

Call it the Boston Wine Party.

A law banning the direct shipment of wine to consumers in Massachusetts has been defeated. According to a press release from FreeTheGrapes.com,

“Since the 2005 U.S. Supreme Court ruling in Granholm v. Heald, wine wholesalers have sought legislative barriers that sidestep the high court’s ruling in order to prevent legal, regulated wine direct shipping. Today’s ruling in Family Winemakers [of California] v. Jenkins strikes a blow to the wholesalers’ campaign by declaring that Massachusetts’ restrictions on winery-to-consumer shipments are unconstitutional.”

Judge Rya Zobel declared Massachusetts House Bill 4498 to be unconstitutional and discriminatory to wineries based on production size. “The legitimacy of the three-tier system cannot provide succor to a statute which allows exceptions to that system which benefit in-state interests,” Zobel said.

The rules require further clarification regarding common carriers. Once those are decided, Massachusetts residents will be able to legally purchase wines from any winery in the country.

Richard Auffrey, a Stoneham, Mass. based wine blogger, said, “I am so excited as I may finally be able to order some excellent wines that I have previously been unable to obtain. Let us hope that everything continues to progress forward.”

“Consumers and wineries have waited a long two years for this day,” said Jim Gullett, chair of Family Winemakers of California and owner of Vino Noceto in Plymouth, Calif.

Cathy Huyghe, another Bay State wine blogger, discussed the impact. She said, “Massachusetts is the seventh-largest wine-consumption state in the country. And now all of us adults can purchase wine from anywhere (online, say, or in person at a winery we visit) and have it shipped to our homes. What’s the impact of that? You do the math.”

Drinks are on me - finally!