Appeals court rules on wine shipmentsBusiness First of Louisville

Kentucky officials will be required to allow out-of-state wineries to ship their product to consumers in Kentucky who order wine on the Internet or by phone, according to the U.S. Sixth Circuit Court of Appeals.

The court, which oversees Kentucky, Ohio, Michigan and Tennessee, upheld a 2006 ruling by Judge Charles R. Simpson III of the U.S. District Court in Louisville that ruled that Kentucky’s ban on out-of-state wine shipments is illegal, according to a court document.

The lawsuit was initially filed by Huber Winery in Starlight, Ind., which objected to the law that allowed small in-state wineries to sell directly to Kentucky customers but did not permit small out-of-state wineries to do so.

A trade group representing Kentucky wine and spirits wholesalers had supported the state’s position.

According to the appeals court ruling, which follows several similar rulings in courts in Michigan and Texas, Kentucky’s requirement that wine be purchased in-person is a violation of the interstate commerce clause of the Constitution.

In October, a federal court in Michigan had ruled that consumers in that state also have the right to buy wine shipped to them from out-of-state retailers.

That court also ruled that the commerce clause of the U.S. Constitution prohibits blocking out-of-state retailers from selling, delivering and shipping wine directly to consumers.