Arizona Wine Import Restrictions Upheld Under Revised Reasoning

An Arizona law barring out-of-state retailers from importing alcohol to in-state customers can stand since it’s essential to the state’s regulatory system, a split Ninth Circuit ruled Friday in an amended opinion that supersedes a March ruling.

Even if the state’s physical presence requirement discriminates against two residents wishing to ship wine directly to themselves from out-of-state retailers, it’s an “essential feature” of Arizona’s “three-tier” alcohol regulation scheme, Judge Milan D. Smith Jr. said. The requirement is also supported by legitimate state interests protected under the 21st Amendment.

“By removing the physical-premise requirement, we would effectively be hacking off two ...