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Siesta Village Market LLC v. Steen

The 5th U.S. Circuitreversed the district court's holding that the personal import exception authorized by Texas Alcoholic Beverage Code ��107.05(a) and 107.07(a) has any defect under the dormant Commerce Clause. It also reversed the district court's invalidation of provisions that only retailers with a physical presence within the state could deliver to consumers in the state. 5th U.S. Circuit Court of Appeals, No. 08-10146, 01-26-2010

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Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.

This case primarily concerns a Texas law that allows alcohol retailers to ship to the door of their local consumers. Out-of-Texas wine retailers claim that the dormant Commerce Clause requires they be given a supposedly reciprocal right to make direct shipments to any Texas consumer. The district court partly accepted their argument. We hold that the statutes do not run afoul of the dormant Commerce Clause. We VACATE and REMAND for entry of judgment.

FACTUAL AND LEGAL BACKGROUND

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