I filed a lawsuit[1] today against the State of California under Section 1983 for laws that violate the Commerce Clause and the Privileges and Immunities Clause. Joining me in this lawsuit is premier California alcohol law attorney Gillian Garrett of Gillian Garrett Law, PC

Gillian and I disdain discriminatory state laws that impede interstate commerce and block free access to markets. Under California law, in-state wineries can sell directly to retailers without going through the wholesale tier. Out-of-state wineries are not afforded this same privilege and must go through the wholesale tier in order to sell to retailers. As a result, out-of-state wineries are often deprived of access to the multiple billion-dollar California market. When they are able to enter the market, they incur higher costs than in-state California wineries due to the mandated wholesaler markup.

Gillian and I are challenging the law that permits this insidious discrimination, California Business and Professional Code Section 23358(a)(1). Joining us as parties to the lawsuit are Illinois winery Blue Sky Vineyard and a California retailer, The Wine Country.

I invite you to view the filed complaint here (California complaint) Gillian and I look forward to achieving a result which will result in freer markets, ensure laws are applied evenly and fairly, and allow small out-of-state wineries equal access to California retail markets.

[1] I am in the process of being admitted Pro Hac Vice, according to the rules of the Eastern District Court of California, I can not be on the caption as a Pro Hac Vice applicant. You will see my name soon on the legal documents.