Defeat HR5034: Stop the Monopoly Power Grab. Sign the petition.
on 13/09/10 at 9:12 pm
HR 5034 is an unprecedented special interest power grab that is a direct threat to legal, regulated winery-to-consumer shipping now working successfully in 37 states.
The bill was introduced by the National Beer Wholesalers Association (NBWA) and was heard in Congress on March 18. What does beer wholesaling have to do with wine? HR 5034 exempts anti-competitive and discriminatory state alcohol beverage laws from most federal review. While we are not lobbyists or attorneys, we understand that HR 5034 would:
o Establish that state laws override Federal laws: HR 5034 shifts burden of proof from state to challenger in all cases that deal with validity of any state law regarding the regulation of any matters involving alcohol beverages of any kind and makes such state laws presumably valid over any federal law that is inconsistent with its provisions.
o Render Commerce Clause Ineffective: Would establish federal law that makes Dormant Commerce Clause inapplicable to any state law that deals with alcohol beverage sale or distribution unless they are demonstrated to “facially discriminate, without justification “.
Its supporters claim the bill will counter “deregulation” brought on by Granholm vs. Heald, even though the Supreme Court ruling reaffirmed state rights under the 21st Amendment to regulate wine but not discriminate, and correctly ruled that these rights do not supersede other provisions of the Constitution.
HR 5034 is bad for consumer choice, bad for the nation’s 6,700 wineries as well as its breweries and distilleries. Please convey your opposition today. Thank you for your continued support.
Free the Grapes!