7th Circuit Court of Appeals
Chicago Wine Co., et al. v. Mike Braun, Governor of Indiana; Theodore Rokita, Attorney General of Indiana; and Jessica Allen, Chairwoman of the Indiana Alcohol and Tobacco Commission
21-2068
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt. Affirms the district court’s summary judgment order for Indiana state officials after Chicago Wine Company sued the state over a law that prevent retailers of alcoholic beverages located outside the state from shipping wine to Indiana consumers. Finds Indiana’s retail-premises requirement does not discriminate by either the source of the beverages or the state citizenship of the proprietor. Also finds Chicago Wine has not come forward with sufficient evidence to demonstrate that the common carrier ban imposes such a heavy burden on interstate commerce as to overcome the state’s legitimate interest in combatting underage drinking. Judge Frank Easterbrook and Judge Michael Scudder concur with separate opinions. Attorneys for appellants: James Tanford, Robert Epstein, James Porter II. Attorneys for appellees: John Herriman, Aaron Craft, Jefferson Garn, Michael Maxwell Jr., Benjamin Jones.