LOUISVILLE, Ky. (AP) - A federal appeals court has ruled that Kentucky must allow out-of-state wine shipments into Kentucky even
if a customer makes the purchase online or over the phone.
The ruling Wednesday by the U.S. 6th Circuit Court of Appeals upholds a decision in 2006 by U.S. District Judge Charles R. Simpson III to strike down Kentucky's law prohibiting wine shipments from out of state.
The three-judge panel ruled that the in-person purchase requirement in Kentucky's law violates the Commerce Clause of the Constitution.
The ruling came in a lawsuit filed by Cherry Hill Vineyards, an Oregon winery, which claimed Kentucky's law violated the clause by giving preference to Kentucky businesses over out-of-state merchants.
(Copyright 2008 by The Associated Press. All Rights Reserved.)