From the Courier-Journal:
Wine enthusiasts may learn next week whether a new Kentucky law allowing limited wine shipments will take effect Jan. 1 as planned.
A lawsuit originally filed by the Huber Winery and Orchard claims that the new law would put small out-of-state producers at a competitive disadvantage because it will only allow them to sell wine to customers who come to their wineries.
Huber, based in Starlight in Clark County, Ind., has since dropped out of the case.
U.S. District Judge Charles R. Simpson III ruled in August that portions of Kentucky’s existing law were unconstitutional, but the state appealed. Now Simpson is considering whether the state’s new law should be enforced as written.
The new plaintiff is an Oregon winery, Cherry Hill Vineyards LLC. James Tanford, an attorney for Cherry Hill, said Simpson has indicated that he will rule on the case by the end of the year.
If Simpson decides that Kentucky’s new law can’t be enforced, Tanford said wineries in California and across the country could start taking Internet and telephone orders from Kentucky almost immediately. New Hampshire and some other states allow such shipments.
Steve Humphress, attorney for the Kentucky Alcoholic Beverage Control office, declined to say when he thought a ruling would be issued. Kentucky is fighting the lawsuit partly due to concerns about direct shipments of alcohol to minors and to dry counties.
The state’s liquor wholesalers also oppose direct shipments.