Siesta Village Market, LLC v. Perry

SIDNEY A. FITZWATER, Chief Judge.

These are consolidated actions in which plaintiffs challenge various provisions of the Texas Alcoholic Beverage Code (“Code”) as unconstitutional under the dormant Commerce Clause because they preclude out-of-state wine retailers from selling and shipping wine to Texas consumers. Intervenors — two Texas-licensed wine wholesalers — defend the constitutionality of the challenged Code provisions, and they assert claims arising from an agreed preliminary injunction (“Agreed Injunction”) entered into by certain plaintiffs and the Administrator of the Texas…