Internet wine sales ban faces challenge in Illinois

Illinois General Assembly Rep. Julie Hamos is trying to make sure her state's laws keep letting consumers receive wine by mail when they order from retailers outside the state. Hamos, a Democrat, filed an amendment this week to a pending bill that she says would eliminate Illinois residents' current right to get wine from non-Illinois retailers through the Internet or by catalog.

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CHICAGO � Illinois General Assembly Rep. Julie Hamos is trying to make sure her state’s laws keep letting consumers receive wine by mail when they order from retailers outside the state. Hamos, a Democrat, filed an amendment this week to a pending bill that she says would eliminate Illinois residents’ current right to get wine from non-Illinois retailers through the Internet or by catalog. “They’re shopping for the best prices and the best quality,” Hamos said of her constituents, who sent her about 100 letters protesting the bill as it stood without her amendment. The amendment to Illinois House Bill 429 would allow a winemaker or wine retailer licensed in another state to ship directly to Illinois residents who are 21 years old or older and who are buying the wine for personal purposes, not resale. There’s not a similar bill pending in the Illinois Senate, she said. Her amendment was sent to the House Rules Committee. The Specialty Wine Retailers Association, a national wine retailers association, said the bill, without the Hamos amendment, would be unconstitutional in light of the U.S. Supreme Court’s 2005 Granholm v. Heald decision, 544 U.S. 460. The bill’s sponsor, Democratic Rep. Edward Acevedo, couldn’t be reached for comment. The Supreme Court ruling found that laws in New York and Michigan discriminated against out-of-state wineries by allowing only in-state wineries to ship directly to consumers.

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