B-21 Wines, Inc. v. Hank Bauer, No. 21-1906 (4th Cir. 2022)
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Plaintiffs., a Florida-based wine retailer, plus its owner and three North Carolina residents, initiated a 42 U.S.C. Section 1983 action, challenging a North Carolina alcoholic beverage control regime as unconstitutional. More specifically, the Plaintiffs alleged that North Carolina’s regime, which prohibits out-of-state retailers — but not in-state retailers — from shipping wine directly to consumers in North Carolina (the “Retail Wine Importation Bar”), contravenes the Constitution’s dormant Commerce Clause. The Plaintiffs sought declaratory and injunctive relief and named the Chair of the North Carolina Alcoholic Beverage Control Commission as a defendant (“N.C. Commission”). The district court awarded summary judgment to the N.C. Commission.
The Fourth Circuit affirmed the ruling, holding that even though the Retail Wine Importation Bar discriminates against interstate commerce — it is authorized by Section 2 of the 21st Amendment. The court explained that its analysis of North Carolina’s Retail Wine Importation Bar under the Tennessee Wine framework led the court to conclude that, although the Bar discriminates against interstate commerce, it is nevertheless justified on the legitimate non- protectionist ground of preserving North Carolina’s three-tier system.
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