We the People

I have long resisted the temptation to make this blog a soapbox for my personal agenda but when it comes to all things wine, I simply must. And I have avoided writing on this subject because: 1). as an American who truly loves this county, my blood boils over on this subject, and, 2). I do not possess enough expletives to convey my sense of utter outrage of being raped and pillaged by the political system - again. Here in Texas (and as I understand it at least 18 other states in the US) we wine aficionados, collectors, and lovers of fine wine have been completely kicked to the curb by state legislators, in favor of protecting big business. Criminal, shut down, as in no more direct shipments from wine merchants.

As if we need to allow big business any more opportunities to fleece consumers and protect their own territories, we are faced with the daunting challenge of dealing with the effects of our 21st Amendment. Our beloved Constitution’s 18th Amendment put us into the muck by allowing Prohibition in the first place, and our 21st Amendment appealed it and got us out of it. The 21st also, I presume unintentionally, empowered states to create their own good-ole-boy networks and govern everything to do with alcohol; its distribution, retail operations, taxation and ultimate control of the subjects it lords over (you and me). I will not get into a long legal analysis here but the only way things look good for us is if anyone in the Supreme Court can get through this issue without napping. I admit: this may not be the county's most compelling current affair, but for me it is.

In our three-tier system we have a wine producer (or importer), a wholesaler, and a retailer. Who is it that will fight like Jack Bauer to protect his turf? Pick two out of three. Of course wholesalers and retailers do not want other out-of-state retailers coming in to their territory. Forget about the Interstate Commerce Clause or the Sherman Anti-Trust Act, Texas is a perfect example of state-level politicians being bought off by big money alcohol distributors - all one of them. Last August Glazers and Southern Wine & Spirits merged for all intents and purposes. Collectively they now control over 80% of our nation’s (I said nation’s) alcohol distribution, clearly making them the largest distributor in the US with 'over 300,000 accounts and 18,000 ‘associates’.

Dear friends, we are being hijacked (and my glass is half-full). Our rights are again being stripped away by big business (and I used to lean more Republican than not) and so is our freedom to choose! If I want to buy a bottle of ’82 Château Lafite-Rothschild for a special occasion I will have to travel outside of Texas to find it legally; probably somewhere in CA or NY . I used to be able to have it shipped to me but those options are closing ever faster. Or if I want to buy a ’61 Château Latour in a restaurant, it cannot be found in Texas unless the establishment bought the wine decades ago and still happens to have a bottle – nearly impossible.

Texas law states clearly that any wine sold in Texas (other than direct shipment from wineries themselves – hey thanks Supreme Court!) must be sold through a retailer that has purchased the wine from a licensed Texas distributor. How many distributors have mature 1st Growth Bordeaux? Exactly zero. Obviously mature Bordeaux and many other great wines and vintages have been sold-through the distribution chain many years ago.

Texas law states that, out-of-state retailers can apply for, and receive a license to sell in Texas. Wow! But after reading the fine print one must be tempted to go take hostages. The fine print of Texas law, amongst other things, dictates that 1). any retailer must buy wine from a Texas distributor, which, 2). always violates that retailer’s state law, and, 3). takes us back to the question of how many distributors have mature 1st Growth Bordeaux? Exactly zero.

If you live in a state that allows direct-shipment of wine from retailers outside of your state, I would very much like to hear from you. If like me, you do not, we need to exert as much pressure on corrupt politicians taking in special interest money for their campaigns from these behemoths of distribution, and pound on them as much as possible through letters, media, and political action initiatives. This is only the tip of the iceberg and if we let this go, then what else? OUR RIGHTS ARE BEING TAKEN AWAY!

I have had a long and excellent relationship with a gentleman named Nick, at Santa Rosa Fine Wine, although I haven’t exactly made him wealthy. Nick has been very supportive of my site and about this issue in particular. If you love fine wine and live in a place that is not under the rule of despots and corrupt politicians, please visit Nick’s site at www.santarosafinewine.com (this is unsolicited and uncompensated - I make recommendations based on my experience, not on 'arrangements'). Someone has to take the place of people like me to support him, so when I get to somewhere that I can buy wine from him again, he will still be there selling incredible wine at fair and competitive prices with his own brand of great service thrown in for free. I truly worry about the future of fine wine merchants like Nick's store when we combine today’s economic climate with brazen monopolies and unaccountable politicians that lack any kind of moral compass. Go to www.freethegrapes.org to get the whole truth and nothing but the truth. Also this site is where you can really help by using your voice with legislators. Make it loud!

By the way, I absolutely support my local retailers and buy every wine locally whenever I can, but I am definitely limited in my wine selections due to the distribution models. When a distributor has sold-through, my only option is to go to a fine wine merchant or auction house via internet.

Just to end this on a positive note, Reuters distributed a press release about the Glazers/Southern merger (this is taken from their site – sue me), which is displayed (almost) verbatim:

‘We are both extremely excited to work with Melvin A. Dick, who will serve as Senior Vice President of the new venture." Mr. Dick said, "I look forward to working hand in hand with the Glazer team to help create the greatest wine and spirits distribution company in the United States." 

I’ll bet you do Mr. Dick - read that anyway you want (italics mine; ya just can’t make this stuff up). Come on - am I the only one with a sense of humor?

David Boyer

 

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