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Wednesday, April 21, 2010

Open Letter to Our Congressional Representatives Urging a Vote AGAINST Discriminatory Commercial Regulations

This is our letter to our Congressman and Senators, urging them to vote AGAINST HR 5034.  HR 5034 could effectively end direct shipment of wine from wineries direct to consumers, and is a direct violation of the Commerce Clause of the Constitution.  We urge you to contact your Congressmen and Senators today!  Check out the Free the Grapes site for more information.
Free the Grapes - Urge your Congressmen to vote AGAINST HR 5034


As an adult voter, I urge you to OPPOSE HR 5034, a special interest power grab by beer wholesalers that could overturn legal, regulated winery-to-consumer shipping working successfully in 37 states.

The National Beer Wholesalers of America (NBWA) is asking you to weigh in on an intra-industry dispute to protect their monopoly distribution system. Their legislation is couched as addressing public safety and states’ rights, but it will likely reverse reasonable wine shipping legislation and further restrict consumer choice for wine lovers like me.

I have been fortunate enough to have visited California several times and have joined many wine clubs there, which are currently shipping their wine to me legally. Many of these wineries are not large conglomerates, but in fact, are smaller farmers who are attempting to make a living by selling the fruits of their labor. This bill is a naked attempt by the large conglomerate wholesalers to consolidate their power, and to prevent the individual wineries from establishing a direct relationship with the consumer. The effect of this bill will be to hurt the American wine industry, plain and simple. Americans will no longer be able to obtain the product of their choice, and so will instead turn their business to support the products of Europe, South America, and Australia. By voting in favor of HR 5034, you would be voting AGAINST America's interests.

In addition to the fact that this proposed bill is a direct violation of the Commerce Clause of the US Constitution, it does nothing to address public safety and the issue of drinking by minors. A minor is not going to order wine from an out of state winery and have it shipped to his or her house. A minor instead will go to his local package store, and attempt buy a bottle of booze or a six-pack of beer. In addition, I would argue that direct shipping of wine to the consumer does MORE to protect public safety, because shippers are REQUIRED to obtain the signature of a person over 21 years of age to deliver the wine. The argument that direct wine shipments is a threat to public safety is completely disingenuous, and is simply an excuse for the large conglomerates to maintain their monopoly over the 3-tier system.

HR 5034 has been immediately condemned by winery associations representing America’s 6,700 wineries, as well as voters. Please let me know how you intend to vote on this important consumer rights issue.

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