http://news.com.com/2100-1017-976900.html
Courts spurn state laws on caskets, wine
By Declan McCullagh
Staff Writer, CNET News.com
December 11, 2002, 10:30 AM PT
Two recent court decisions could help boost Internet commerce by
curtailing states' abilities to enforce protectionist laws.
Both courtroom victories arose out of lawsuits brought by the
Institute for Justice (IJ), a public interest law firm in Washington,
D.C. And in both cases, courts ruled that state laws were unreasonably
protectionist and were designed to hinder, not help, competition.
Steve Simpson, an IJ attorney, said his organization hopes to
establish a two-pronged court precedent. "First, governments shouldn't
be permitted to favor certain industries or businesses over others,"
Simpson said. "And second, they shouldn't be able to erect irrational
barriers to entry. That's the common theme running through these
cases."
On Tuesday, a federal judge barred New York state from enforcing a law
preventing wineries from shipping to Empire State residents. Unless
appealed by Attorney General Eliot Spitzer, the order from Judge
Richard Berman of the Southern District of New York clears the way for
the state's 19 million residents to order alcohol online and via mail
order.
[...]
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Received on Dec 11 2002
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