United States Third Circuit

In plaintiff's suit against the New Jersey's Director of Alcoholic Beverage Control, claiming that several aspects of New Jersey's Alcoholic Beverage Control Law (ABC Law) infringe on the dormant Commerce Clause in violation of 42 U.S.C. section 1983, judgment of the district court is affirmed in part, vacated in part, reversed in part and remanded where: 1) district court's ruling the plaintiffs have standing to sue is affirmed as they have satisfied the zone-of-interest test as to all of the challenge provisions of the ABC Law; 2) district court's invalidation of New Jersey's fee schedule for retail and wholesale licenses is vacated; 3) statutory provisions allowing only in-state wineries to sell directly to retailers and consumers is facially discriminatory, and thus violates the dormant Commerce Clause; 4) the statutory provision that caps the importation of out-of-state wine for personal use at one gallon unless the importing individual secures a special permit is unconstitutional as violative of the dormant Commerce Clause; and 5) plaintiffs' challenge to the New Jersey's ban on direct shipments of wine from any winery, whether in-state or out-of-state, to consumers is rejected and the district court's judgment insofar as it held this ban to be constitutional is affirmed.

Appellate Information

• Argued 02/01/2010
• Decided 12/17/2010
• Published 12/17/2010

Judges

• POLLAK

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James A. Tanford, Anne Milgram