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States Urge U.S. Supreme Court to Reaffirm Right to Regulate Alcohol
LANSING, MI, (PRNewswire) March 7, 2004 - Thirty six State Attorneys General, including Missouri, have joined the State of Michigan in urging the U.S. Supreme Court to reaffirm a state's right to regulate the sale and distribution of alcohol as guaranteed by the U.S. Constitution and federal law.

The action on Friday, March 5, stems from a lower federal court ruling that struck down Michigan's long-standing ban on home shipments of alcohol by unlicensed out- of-state alcohol producers and retailers. Such shipments bypass Michigan's regulated alcohol tracking and distribution system -- known as the three-tier system.

In a petition filed with the nation's highest court, the supporting states asserted that "The decision by the [lower court] fails to respect the power granted to the States by the Twenty-First Amendment to regulate delivery or use of alcohol within the State. The States have a significant interest in exercising their police powers to protect the health, safety and welfare of their citizens in the area of alcohol shipping."

The Michigan system, which is similar to those in many states, ensures that sales are properly tracked, taxes are collected, beverages are not tampered with, and products are not diverted outside the states' control and into the hands of minors.

On January 30, Michigan's Attorney General asked the Supreme Court to hear the case, Granholm v. Heald, and overturn that lower court. The Michigan Beer & Wine Wholesalers Association (MBWWA) filed a supporting petition. In addition to today's petition by the 36 State Attorneys General, a petition supporting Michigan was also previously filed by the National Alcohol Beverage Control Association and the National Conference of State Liquor Administrators.

"Today's action is a positive development for the State of Michigan. People across this state should be concerned that powerful, out-of-state alcohol producers are attempting to use the courts to make an end run around the will of our state legislature, federal law and the U.S. Constitution," MBWWA President Michael Lashbrook said. "With 15,000 brands of wine registered for sale at 16,000 licensed Michigan retailers, the issue isn't greater consumer choice but rather out-of-state producers thumbing their noses at Michigan's laws and regulations."

In their petition, the 36 states further stated, "The possibility that federal courts may eviscerate the States' ability to maintain their liquor control systems ... is of paramount concern to all States." It cited past U.S. Supreme Court rulings noting that "the States' Twenty-First Amendment power is such that 'the states have virtually complete control over whether to permit importation or sale of liquor and how to structure the liquor distribution system.'"

The filing was signed by the State Attorneys General from Ohio, Maryland, Louisiana, Minnesota, Kansas, Massachusetts, Indiana, Hawaii, Utah, Oklahoma, North Dakota, Texas, Kentucky, Tennessee, Nevada, Maine, New Jersey, Idaho, Georgia, Mississippi, Rhode Island, Virginia, Montana, Wisconsin, South Dakota, Missouri, Oregon, New Mexico, Arizona, Illinois, Washington, Alabama, Delaware, Iowa, Florida and Connecticut.


More Than $10 million Earmarked for Missouri Transit Programs
ST. LOUIS, (SLFP.com) March 7, 2004 - Senator Kit Bond has announced that the more than $10 million he earmarked for Missouri transit programs has been allocated by the Missouri Department of Transportation (MODOT). Bond secured the funds for the state in the fiscal year 2004 Omnibus Appropriations bill.

"These dollars are an investment in Missouri's future. A good transportation system, whether its roads, bridges, or buses, is vital to economic development, " said Bond, a senior member of the Senate Appropriations Committee. "Public transportation is critical for Missourians who depend on buses to get to work, class, the doctor, or to pick a child up from daycare," said Bond.

In St. Louis, funds will be used for the following:

METRO (Bi-State) - $1,010,651 Metro - buses & vans; Berkeley $126,000 - replace 3 vans; Brentwood $24,000 - 1 expansion van; Bridgeton $40,000 1 replacement vehicle; and $245,040 to replace 12 vans. These funds are part of the $84.5 million Bond secured to rebuild Missouri's infrastructure and economy in the Omnibus bill, which was signed into law in January.


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