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Judge tosses AG Hood’s lawsuit...

Judge tosses AG Hood’s lawsuit seeking to prohibit wine shipments

By: Courtney Ingle - August 28, 2018

A lawsuit filed by Mississippi Attorney General Jim Hood against Wine Express Inc. of Mount Kisco, New York; the Gold Medal Wine Club of Santa Barbara, California; and Bottle Deals Inc. of Syosset, New York, has been thrown out by Rankin County Chancery Court Judge John S. Grant III.

In the lawsuit, Hood claimed that the wine vendors were violating a state law that no wine or liquor could be shipped directly to the consumer–that all wine and liquor must go through the Alcoholic Beverage Control Warehouse in Madison County.

Hood also added that by shipping directly to the consumer, the vendors are violating local decisions to remain dry counties.

In the court documents, the Judge said the lawsuit “suffers from multiple fundamental flaws” including violating the 21st amendment that the State of Mississippi agents cannot try to purchase the liquor and then press charges because it was shipped.

“Any crime committed was committed by the Mississippi agents, not by the Defendant merchants legally doing business in their own marketplace…” read the court documents.

Hood told the Associated Press that he would be filing an appeal to the decision.

 

Wine Express Motion to Dismiss (1) by yallpolitics on Scribd

Wine Express Dismiss A by yallpolitics on Scribd

About the Author(s)
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Courtney Ingle

Courtney Ingle is a veteran journalist with more than a decade's worth of experience in print, radio, and digital media. Courtney brings her talents to bear at Magnolia Tribune to cover family-centered education and to elevate those unique aspects of Mississippi culture.