Federal Court Says Va. Alcohol Laws Constitutional

In a case centering on the commerce clause of the U.S. Constitution, the 4th U.S. Circuit Court of Appeals upheld a pair of unusual Virginia laws regarding alcohol sales and possession.

The Associated Press reported Sept. 11 that the federal court said a state law barring sales of out-of-state wines in state-run liquor stores was constitutional, as is a law that limits how much alcohol Virginia residents can bring into the state for personal use.

"Virginia's choice of selling only Virginia wine is no more inappropriate than would be its choice to sell only Hershey's brand chocolate bars at a State commissary," wrote Judge Paul V. Niemeyer for the majority in a 2-1 decision, noting that there are 10,000 private stores in the state where residents can buy other wines.

The court ruled that the law limiting Virginia residents from bringing more than one gallon of beer, wine or liquor across state borders passes constitutional muster because it does not limit how much alcohol a resident can buy from an out-of-state seller. But the dissent to that part of the ruling stated, "Having an opportunity to purchase is not the equivalent of having meaningful market access."

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