Twenty-nine states have similar bans, and six other legal challenges around the country are pending. In fact, a coalition of wineries urged the highest court not to accept the Indiana case, arguing that other suits better address their arguments. The group said the Indiana case is flawed because it was brought by consumers instead of sellers, so the economic impact to the wineries cannot be addressed. He said only about 100 of the nation's 2,000 wineries have access to good distributors. Kinzler said the challenges to New York and Virginia laws are stronger because they include wineries and the cases are more developed.
Suits are also pending in Texas, Florida, Michigan and North Carolina.
The state argues the rule is needed to make sure taxes are paid on the purchases, as well as to help stop minors from buying alcohol. Consumers must buy wine through an in-state seller whose transactions are monitored by the state. Violators can be charged with a Class D felony. The wine connoisseurs said the law severely limits what they are able to purchase, as some wine is only available from small wineries, wine clubs and auction houses. They argued the state law violates free commerce rules.