Have you heard that there is the possibility that ALL Tennessee wineries may be closed due to state constitutional conflicts with federal law?
Why is a Federal Court demanding that Tennessee change its "Grape and Wine Law"?
Because a wine shipping lawsuit was brought before the US 6th Circuit Court - Jelovsek v. Tennessee. While the Federal Court was reviewing the TN laws that regulate wine, it discovered that parts of the "TN Grape and Wine Law" discriminated against wineries and vineyards outside TN.
How does TN law "discriminate" against out-of-state wineries and vineyards?
The TN "Grape and Wine Law" includes wording that says: a TN winery can ONLY be owned by a current TN resident, TN wineries MUST to use TN grapes, and ONLY TN wineries can hold wine festivals in TN. A Federal Judge declared these rules unfair. Why isn't Oprah allowed to buy a TN winery? Why can't a Kentucky vineyard sell grapes to a TN winery? Why can't wineries located outside TN hold wine festivals inside TN?
But why does it matter if TN laws are unfair to those outside TN?
Because the Commerce Clause of the US Constitution prohibits a state from passing legislation that improperly burdens or discriminates against interstate commerce...and that is why a FEDERAL Judge is demanding the change to a TN law.
So what can be done to fix this?
The TN "Grape and Wine Law" has to be changed to meet the Federal Court's demands.
How does the law get changed?
TN wineries are working with TN legislators to change the law. House Bill 1549 and Senate Bill 0944 will change the wording in the "Grape and Wine Law" so it won't discriminate against out-of-state vineyards and wineries.
SO contact your reps - get on board... please...
Have you heard that there is the possibility that ALL Tennessee wineries may be closed due to state constitutional conflicts with federal law?
Why is a Federal Court demanding that Tennessee change its "Grape and Wine Law"?
Because a wine shipping lawsuit was brought before the US 6th Circuit Court - Jelovsek v. Tennessee. While the Federal Court was reviewing the TN laws that regulate wine, it discovered that parts of the "TN Grape and Wine Law" discriminated against wineries and vineyards outside TN.
How does TN law "discriminate" against out-of-state wineries and vineyards?
The TN "Grape and Wine Law" includes wording that says: a TN winery can ONLY be owned by a current TN resident, TN wineries MUST to use TN grapes, and ONLY TN wineries can hold wine festivals in TN. A Federal Judge declared these rules unfair. Why isn't Oprah allowed to buy a TN winery? Why can't a Kentucky vineyard sell grapes to a TN winery? Why can't wineries located outside TN hold wine festivals inside TN?
But why does it matter if TN laws are unfair to those outside TN?
Because the Commerce Clause of the US Constitution prohibits a state from passing legislation that improperly burdens or discriminates against interstate commerce...and that is why a FEDERAL Judge is demanding the change to a TN law.
So what can be done to fix this?
The TN "Grape and Wine Law" has to be changed to meet the Federal Court's demands.
How does the law get changed?
TN wineries are working with TN legislators to change the law. House Bill 1549 and Senate Bill 0944 will change the wording in the "Grape and Wine Law" so it won't discriminate against out-of-state vineyards and wineries.
SO contact your reps - get on board... please...
