Lebamoff Enter., Inc. v. Huskey, No. 11-1362 (7th Cir. 2012)
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The owner of retail liquor stores and two consumers challenged the constitutionality of an Indiana state law that prohibits shipment of wine to customers by motor carriers, such as UPS, Ind. Code. 7.1-3-15-3(d). The Seventh Circuit affirmed the district court's rejection of the challenges. The law may prevent the store from enlarging its sales area to encompass parts of Indiana remote from Fort Wayne; that is an effect on intrastate commerce, not interstate commerce. Plaintiffs did not establish even an incidental effect on interstate commerce The court also noted that the law is "within the Twenty-First Amendment's gravitational field," which includes matters relating to transportation of liquor.
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