Lawmakers push Albany to let state wines flow

By The Associated Press

Friday, May 20, 2005 9:43 AM EDT

WASHINGTON - A group of congressional lawmakers urged New York lawmakers Thursday to quickly pass legislation allowing consumers to order wine from small vineyards in other states.
Albany officials said they would move to offer a bill before the legislative session ends June 23.

The push to open new markets to small wineries comes a week after the Supreme Court struck down laws in New York and Michigan that banned wine shipments from out-of-state producers.

The court ruled 5-4 that such laws were unconstitutional.

The fight over who can and can't order wine by mail or over the Internet has now switched to state legislatures around the country.

Lawmakers from New York and California met Thursday to call for states to open up their markets, not shut them down, in response to the court decision.

"Right now if you're a consumer who wants to enjoy wine that's made from small wineries you have a real tough time getting it, it's not on the shelf," said Rep. Mike Thompson, D-Calif.

While California has built an international reputation for wine, New York is the third largest producer in the United States and the second largest consumer.

In the past 20 years, the state's wine business has boomed from roughly 30 small wineries to more than 200.

"This is an explosive industry, and it's an issue that needs to be dealt with not only in New York but nationwide," said Rep. John "Randy" Kuhl, R-Hammondsport.

As a state legislator, Kuhl authored a bill that would have loosened New York's restrictions, but Gov. George Pataki vetoed the measure in 1995.

Ten years later, the governor supports the change, but New York's congressional delegation wants to see the state take action, particularly because some states like New Jersey have decided that if they can't bar out-of-state wine shipments alone, they'll bar all mail-order wine shipments.

"That would be moving backward, that would be regressing," argued Rep. Maurice Hinchey, D-Hurley.

States with similar laws now considered unconstitutional by the Supreme Court will need to take some legislative action in order to properly regulate the sale of alcohol.

"We've fretted and worried and stewed about it, but now we've got to make the state Legislature do what it ought to," said Rep. Louise Slaughter, D-Fairport.

New York, Michigan, and 22 other states barred consumers from directly ordering wine from out of state.

Charles Carrier, a spokesman for New York State's Democratic Assembly Speaker Sheldon Silver, said lawmakers will take up the issue before the session ends in late June.

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