Freeman v. Fischer

OPINION

KATHARINE S. HAYDEN, District Judge.

I. INTRODUCTION

This case finds the plaintiffs, four New Jersey residents and a California winery, challenging the constitutionality of New Jersey’s statutory scheme governing the distribution and sale of wine. They contend that New Jersey impermissibly burdens interstate commerce, in violation of the dormant commerce clause doctrine, by mandating preferential treatment for instate wineries in its licensing structure.

II. BACKGROUND

Plaintiffs place particular emphasis on what they characterize as New Jersey’s discriminatory treatment of out-of-state…