The Tennessee Wine and Spirits Retailers Association v. Blair case taken up by the U.S. Supreme Court continues to make industry headlines.
At issue is the constitutionality of a Tennessee law that requires off-premise license applicants to be a resident of the state for two years before they may apply for a license. This provision was challenged by a group of retail license applicants who claim the law discriminates against out-of-state businesses, violating the dormant Commerce Clause.
While the question presented to the Supreme Court focuses on the narrow issue: whether durational residency requirements for retailers and wholesalers are constitutional, this case has caught the industry's attention because of its potential to examine broader questions of Twenty-first Amendment state regulatory authority.
WSWA believes, and The U.S. Supreme Court has long-upheld, that the Twenty-first Amendment provides each state with authority to pass laws and regulations over the distribution and sales of beverage alcohol within its borders.
