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Thread: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

  1. #1
    Join Date
    Apr 1996
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    Youngsville, NC
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    Default Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    I received this from Nick Dranius today:

    Jon and Kim Hamilton of White Winter Winery in Iron River, Wis. want to tell you that they sell mead for direct shipment to your door. But White Winter and other wineries can't tell you about their shipping services because the state of Minnesota forbids it.

    The Hamiltons have the legal right to directly sell and ship mead to consumers, but the state of Minnesota bans them from talking about such sales in advertisements, solicitations and over the Internet. The Hamiltons are prohibited from buying a newspaper advertisement saying White Winter mead is available for direct shipping. They cannot legally buy radio or television time promoting direct shipping. They are barred from handing out brochures or sending postcard solicitations for direct shipping, even to longtime customers on their mailing lists. And they may not use the Internet to accept online orders; instead, the Hamiltons are forced to disregard online orders and limit business to orders received by telephone, fax, mail or in person.

    Read the article here: http://www.ij.org/first_amendment/mn...kgrounder.html

    Get *MAD* people. This is a heinous violation of First Amendment rights, and a direct slap at the wine/mead industry, while supporting the liquor lobby.

    If you live in Minnesota, call *and* write your congress critter. And if you don't, write anyway. That this could be allowed to happen is so very wrong, and It. Must. Be. Stopped.

    Vicky - heading off to notify Julia and everyone else I can think of.
    Wassail!

    Vicky Rowe
    Owner & Webmistress, Gotmead.com
    Executive Director, American Mead Makers Association
    http://www.mead-makers.org
    Making Mead since 1995

  2. #2
    Join Date
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    Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    So, just 41 views.

    Folks, I know that this isn't about making mead at home, but durn it, this *is* about our respective state governments deciding what we can and can't order to drink. We here at Gotmead are large potential grass-roots group that *can* make a difference in getting these laws thrown down.

    If you live in a state that thinks they can tell you what you can and can't order for wine/mead/beer, then get pissed. And get vocal. Call your congresscritter, write letters, and when we put up membership info, join the IMA and voice your concern. The rules don't change, unless *we* change them.

    Remember, we get the government we deserve. Is this it? (no political rants here, just saying we need to let our gummits know we want to make our own drinking choices)

    Join freethegrapes.org to help out.

    Vicky
    Wassail!

    Vicky Rowe
    Owner & Webmistress, Gotmead.com
    Executive Director, American Mead Makers Association
    http://www.mead-makers.org
    Making Mead since 1995

  3. #3
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    Sep 2004
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    Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    Vicki,

    Is it possible for someone not associated with a winery to advertise for them? In other words, if you had a Minnesota (or is it Wisconsin?) wineries listing here would that be kosher? Maybe free banner time with a way for us to get contact info? My approach would be to try and circumvent things using legal means.

    It'd be interesting to see if I could take out an ad or a billboard for a winery I have absolutely nothing to do with. Plotting...

    The solution is going to have to come through a lawsuit that goes all the way to the Supreme Court again. Restrictions on Interstate Commerce were specifically handle in the Constitution because it was a concern, even back then. But now instead of tariffs and taxes, which are obviously illegal, games are being played to try and get around the intent of the law.

    Pewter the Rogue

  4. #4
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    Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    Quote Originally Posted by Pewter_of_Deodar
    Is it possible for someone not associated with a winery to advertise for them? In other words, if you had a Minnesota (or is it Wisconsin?) wineries listing here would that be kosher? Maybe free banner time with a way for us to get contact info? My approach would be to try and circumvent things using legal means.
    I don't know, Pewter. It is Minnesota. I would think I could list them, but there would be no way to convince the Powers that Be, should they find out, that I acted without the consent of the winery. I'd hate to get them in trouble through wanting to help.
    It'd be interesting to see if I could take out an ad or a billboard for a winery I have absolutely nothing to do with. Plotting...
    It would be. Just be sure that you have a paper trail proving that the winery was blameless....
    The solution is going to have to come through a lawsuit that goes all the way to the Supreme Court again. Restrictions on Interstate Commerce were specifically handle in the Constitution because it was a concern, even back then. But now instead of tariffs and taxes, which are obviously illegal, games are being played to try and get around the intent of the law.
    Oh, they're getting creative too. Since the Supreme Court ruling, several states have said that instead of letting in outside shipments, they'll just ban *all* shipments, inside or out. Ridiculous, if you ask me, thats tax revenue they're losing.

    Wassail!

    Vicky Rowe
    Owner & Webmistress, Gotmead.com
    Executive Director, American Mead Makers Association
    http://www.mead-makers.org
    Making Mead since 1995

  5. Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    You are absolutely correct,GotMeadWebWench. That is a blatant and direct violation of what our founding fathers had intended the First Amendment to mean. this kind of violation on the First Amendment has been going on on all levels of government.

  6. #6
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    Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    Well, the shipping laws issues and other alcohol issues are interesting (if draconian) artifacts that are left over after the repeal of the Act of Prohibition. I think we'll eventually see them come crashing down as people jump on their congresscritters to stop regulating whether they can drink wine from their state or from another, but it will take time.....

    Vicky - join Free the Grapes at http://www.freethegrapes.org to help
    Wassail!

    Vicky Rowe
    Owner & Webmistress, Gotmead.com
    Executive Director, American Mead Makers Association
    http://www.mead-makers.org
    Making Mead since 1995

  7. Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    One thing I overlooked the last time is that yes, the states are losing out on the tax revenues by the bans. None the less, we must not ignore the wholesalers and distributors. Their motivation on this issue is purely greed not concern for underage persons getting a hold of the beverages. The more people buy direct from the wineries and vineyards the less money they make. I say this, "So what? Grow the ____ up. Accept your losses. They (the politicians) have to realize that under federal law in order for delivery of alcohol to be complete the delivery person must hand it to someone 21 or older. Otherwise the delivery does not happen. That part of the law I agree with. i would not want a child getting a hold of it. That would be bad. May the gods grant you great brews.

  8. #8

    Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    Quote Originally Posted by Gotmead Webwench
    Call your congresscritter
    That's what I think I'll call them from now on... at least in polite Company. Thanks Vicky. I wonder? If I started the letter with -

    Dear Congresscritter,

    Do you think I'd have their attention? Or would my letter be ignored?

    Wrathwilde

  9. Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    For those who are not aware, you can look up your state and local congress people, etc. by zip code at this website: http://www.congress.org/congressorg/home/

    You can write letters to your elected officials through the site...I use it quite often

    Peace.

  10. #10
    Join Date
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    Default Re: Minnesota’s Advertising and Internet Speech Ban That Bottles Up Wineries

    ...and if you're lazy, or not good at writing wrathful letters to the boobs in Washington, go here:
    http://www.capwiz.com/freegrapes/issues/

    and let Free The Grapes do it for you. While you're there, surf the site and see what they're doing to change all this.
    Wassail!

    Vicky Rowe
    Owner & Webmistress, Gotmead.com
    Executive Director, American Mead Makers Association
    http://www.mead-makers.org
    Making Mead since 1995

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