Florida Wine Importation Restriction Overturned by Court

Citing the U.S. Constitution's due process clause, a Florida circuit court judge on August 29 rejected Florida's recently-passed law restricting the sale of out-of-state wines delivered by common carrier. The judge ruled that the Constitution prohibits out-of-state companies from being sued in states with which they have not had "minimum contact," and that the State of Florida had not proved that out-of-state wineries had minimum contact with their customers.

In July, all 52 Members of Congress from California joined together in signing a bipartisan delegation letter asking Florida's governor to seek repeal of the law. The Florida Attorney General is expected to appeal the decision.

Volume 4, Bulletin 29 -- September 4, 1997