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Home > Blogs > Uncorked > Archives > 2007 > August > 31 > Entry
‘Big Business is screwing the wine consumer’
Yes, we have the Labor Day weekend tastings list today (just click “continue reading” below), but we also have much more, in the form of a detailed comment from Uncorked reader Tony to yesterday’s entry about portions of Indiana’s wine shipping laws being ruled unconstitutional by a federal judge.
Tony begins his comment with, “Big Business is screwing the consumer!” and goes on to ask what on its face appears to be a very simple question: “Why can’t we buy any wine from any place in the world?”
He says he’d welcome suggestions on how to start a movement to change Ohio’s wine laws. “I still believe that wine stores, restaurants and consumers alike will benefit,” Tony says.
What do you think? And what about Tony’s fundamental question of why there needs to be any laws that restrict us from buying wine from any place, anywhere? As long as we can prove we’re 21, that is.
(Click on “continue reading” to view the Labor Day weekend wine-tastings list, which comes to Uncorked courtesy of a Dayton-based wine listserv…)
Jays Kitchen Door Friday, August 31, 2007 4-8 pm 2005 Alpha Domus Viognier 2004 Westwind Jesse’s Grove Zinfandel 2003 Dare Cabernet Franc 2001 Donatella Cinelli Colombini Brunello 2004 Chateau Batailley Pauillac
Saturday, September 1, 2007 1-6 pm NV Veuve Clicquot Rose 2003 Vieux Telegraphe 2003 Rombauer Cabernet 2003 Chateau La Grange
Burgundy Dinner, Thursday, September 20, 2007 7:00 pm
Lobsterfest Saturday, September 22, 2007 $65 Steamed Mussels, Shrimp and Lobster in a Garlic-White Wine Broth, Lobster Apple Slaw, While Steamed Maine Lobster with Buttered Potatoes, Green Beans and Sweet Corn Pudding, Berry Basket
Arrow - Kettering Saturday, September 1, 2007 11-5 pm 2005 pierre andre bourgone rouge reserve, vieilles vignes 2004 columbia crest cabernet sauvignon, grand estates 2004 bon anno sangiovese, napa 2003 ramey red wine, diamond mountain district, napa 2006 vega sindoa chardonnay, spain 2005 jaffurs viognier, santa barbara
Dorothy Lane Market (DLM) Oakwood Friday, August 31, 2007 5-8pm Pegasus Bay Riesling 2005 Pepper Tree Chardonnay 2004 Whitehaven Pinot Noir 2004 Helix Merlot 2004 Croix de Beaucaillou St Julien 2004 Brown Bag
Saturday, September 1, 2007 1-6 pm Pegasus Bay Sauvignon/Semillon 2006 Desert Wind Viognier 2006 Domaine Bouchard Aloxe-Corton 2005 Sassetti Rosso Montalcino 2005 Easterlina Zinfandel 2003 Sarria Reserva Especiale 2001 Bonus Bottles!
Beers: Stiegl Pils, New Holland Dragon’s Milk
DLM Washington Square Thursday, August 30, 2007 5-8 pm 2005 Pegasus Bay Riesling (New Zealand) 2006 Danie de Wet “Limestone Hill” Chardonnay (South Africa) 2004 Pegasus Bay Pinot Noir (New Zealand) 2004 Shooting Star Zinfandel (California) 2003 Capitoso Rioja (Spain) Mystery Wine!
Saturday, September 1, 2007 12-5 pm “What’s Going on in Washington” Fifi is featuring the Longshadow’s project from Washington. Allen Shoup, a pioneer of Washington wines and the former CEO of Chateau Ste. Michelle, put together renowned winemakers to make wines for Chateau Ste. Michelle. 2005 Poet’s Leap Riesling made with Armin Diel of Schlossgut Diel 2004 Pedestal Merlot made with Michel Rolland, Pomerol vintner 2004 Sequel Syrah made with John Duva, Penfold’s Grange 2005 Desert Wind Viognier 2004 Chateau Ste. Michelle Orphelin Mystery Wine!
Dorothy Lane Springboro Friday, August 31, 2007 3-7pm 05 Macon-Lugny Chardonnay 06 Coldsteam Hills Pinot Noir 04 Hare’s Chase 00 Richard Perry Cabernet
Saturday, September 1, 2007 12-5 pm 05 Everett Ridge Sauvignon Blanc 06 Simi Chardonnay 05 Plump Jack Merlot 03 WhiteHall Lane Cabernet
Cuvee Wine Bar and Cellar, 4457 State Route 725 Bellbrook Tuesday - Thursday 11:30 - 7 pm Friday and Saturday 11:30 - 8 pm www.cuveewinebar.net Tasting from Friday, August 31 -Thursday, September 6, 2007 Fattoria Laila Verdicchio dei Castelli di Jesi Red Dot Penny’s Hill Chardonnay/Viognier Waterford Sauvignon Blanc Senorio de Sarria Vinedo no. 7 Graciano Morgan Cotes du Crows Passopisciaro Rosso Sicilia Beer: Kronenbourg 1664 Food: TBA
Arrow Centerville 615 Lyons Rd Centerville Saturday, September 1, 2007 11 am-5 pm 937-433-6778 Gazela Vinho Verde… 2005 Finca Flichman Barrancas… 2005 Finca Flichman Tupangato… 2003 Claudius Merlot… 2005 Lyeth Zinfandel
Trader Joe’s, Town & Country at Stroop and Far Hills Tasting Thursday 6:00-8:00, Sunday 4:00-7:00. Novella Chardonnay (NV) AVA Paso Robles, California. Black Mountain Pinot Noir (2006) California. Thunder Moon Petite Sirah (2003) California. And beer too: Trader Joe’s Bohemian Lager
The Wine Gallery and Cafe, Corner of 3rd and Wayne Saturday, September 1, 2007 2 - 9 pm 2005 White Rock Chardonnay 2005 Ventana Pinot Noir 2004 St Supery Cabernet Sauvignon
Wednesday, September 5, 2007, 5:30 PM to 8:30 PM Ventisquera Gran Reserve Sauvignon Blanc Ventisquera Gran Reserve Chardonnay Ventisquera Gran Reserve Merlot Ventisquera Gran Reserve Carmenere Ventisquera Gran Reserve Sauvignon Cabernet
MARKET WINE IMPORTS (2nd Street Market) Saturday September 1, 2007 10AM to 1:30PM McManis Sauvignon Blanc McManis Chardonnay
Fleming’s Prime Steakhouse & Wine Bar 937-320-9548 Wine Wednesdays 5pm to 7pm in the bar. Wednesday, September 5, 2007 WATTLE CREEK Sauvignon Blanc Mendocino County, 2004 CAMBRIA Pinot Noir Santa Maria Valley Julia’s Vineyard, 2005 O’BRIEN FAMILY Merlot Napa Valley, 2003 O’BRIEN FAMILY Seduction Napa Valley, 2004
O’BRIEN FAMILY WINE DINNER WITH BART O’BRIEN SEPTEMBER 5, 2007 7:00PM PESTO, MARGHERITA, AND SOUTHWESTERN FLATBREADS SCHRAMSBERG, Mirabelle Rose Napa Valley NV
MESCLUM GREENS MIXED WITH AN APPLE WALNUT-CITRUS VINAIGRETTE ACCENTED WITH A PARMESAN CHARD O’BRIEN FAMILY, Chardonnay Napa Valley, 2005
BREAST OF DUCKLING WITH CHERRY COMPOTE OVER A CREAMY HERB RISOTTO O’BRIEN FAMILY, Merlot Napa Valley, 2003
CARMELIZED LOIN OF VENISON WITH A BARLEY MUSHROOM PILAF O’BRIEN FAMILY, Seduction Napa Valley, 2004
CHOCOLATE BREAD PUDDING WITH A BLUEBERRY CUSTARD SAUCE MEEKER, Zinfandel Fro Zin Mendocino County, 2004
Pacchia Wine Tasting, 410 East Fifth Street Thursday, September 5, 2007 6-8 pm The wines of M. Chapoutier, Rhone icon and biodynamic pioneer
Therapy Cafe, 452 E. Third St., Therapy-cafe.com Sunday,September 2nd, from 4-8 pm Complimentary cheese, fruit, tapas and deserts will be provided. Moreson Cuvee Cape Brut NV Eroica Rielsing Zolo Torrontes Cave de’Tain Crozes Hermitage Woop Woop Shiraz Ponzi Pinot Noir Abadia Retuerta selection especial Terrunyo Carmenere The Winds Wine Cellar Yellow Springs, OH September 14, 2007 7:00 pm 2005 Chateauneuf-du-Pape Tasting
October 5, 2007 7:00 pm Burgundy Tasting with David Schildknecht
Cork-N-Vine, Troy Tuesday, September 4th, from 6 until 9 meet winemaker Bart O’Brien from O’Brien Estate and taste his wines September 6th Anne Markovich-Girard from Robert Kacher Selections featuring some of the Kacher wines.
Little Sonoma, 6078 West Chester Road, West Chester, OH 45069. 513-942-9463. Located two blocks north of Union Centre Blvd. at the corner of Muhlhauser and West Chester Roads www.LittleSonomaWines.com Friday, August 31, Drop-in 5-8 pm “Stellar 90 Pointers”
Saturday, September 1st, 3-6 pm, Casual Tasting of More High Scoring Wines
Harmony Hill Vineyards is producing a new dessert wine for release by their Thanksgiving Weekend Barrel Sampling Event. They are delegating the naming of this new release to the faithful supporters of Harmony Hill Vineyards. So submit your ideas to Harmonyhillfarm@aol.com
La Petite France 3177 Glendate-Milford Road Cincinnati, Ohio www.lapetitefrance.biz Call 513-733-8383
Kinkead Ridge Winery 904 Hamburg Street Ripley OH 45167 937-392-6077 www.KinkeadRidge.com Saturday, September 1 and Monday, September 3, 10 am -6 pm is the Kinkead Ridge red wines release and vineyard tours! Last Day for the public is September 8, 2007 11 - 5 Reopening for a special barrel tasting the Saturday after Thanksgiving!
Comments
By Ron
September 4, 2007 10:30 AM | Link to this
When confronted by a polemic such as Woody’s filled with distortions of facts, I generally let it slide. Not this time. Most people understand that since July, 2005 Ohio has been an “open” state to direct shipping due to an agreement in Federal court (Stahl). In signing Stahl, the state also agreed to eliminate the clearly unconstitutional excise tax exemption for Ohio wineries. The new law has a constitutionally questionable capacity limit keeping mid-sized wineries (not just Gallo) out of the state. Say goodbye to your wine club and reserve wines not distributed in the state. A provision correcting the excise tax problem was dropped at the behest of Woody’s group. So much for their concern for constitutional niceties. As for process, I have been told by several legislators that though not uncommon in Columbus, this was one of the slickest, under-the-table power plays they have seen. It was done precisely to limit debate and cut lobbying costs for the wholesalers and Woody’s group. Word on the street and from Rep. Dolan’s office shortly before the bomb was dropped held that any legislation would be open for comment and none would be introduced before summer. The sponsor of the legislation, Rep. Dolan, was then embarrassed by a Columbus Dispatch article which exposed some gross flaws in the law. He was stunned to find how few industry members were familiar with the text. Ultimately he backed away and refused to insert it into the budget bill in the house. Undaunted, the wholesalers and Woody’s group tried to roll over our state Senator and the head of the Senate Finance committee, but by this time they were well informed and insisted that it be introduced as legislation. It took an extraordinary move by the Senate president bending the rules to “get this done”. As for content, I will say that the wholesalers responded to criticism and significantly rewrote and improved their section of the law. On the other hand, Woody’s group and their lobbyist in Columbus refused to implement changes to correct grievous flaws in their part of the law. As a result, some small wineries have reportedly already decided not to ship to customers in Ohio. More will surely follow suit. All this will have to be corrected and the excise tax addressed in follow-up legislation. Thanks Woody. If Woody and company really are so proud of this great achievement then perhaps the wineries involved should identify themselves and bask in the warmth of praise for this great new law.By Bertie Wooster
September 4, 2007 1:18 AM | Link to this
You can thank Heidelberg Distributing (that includes The Lion Group/Ohio Valley Wine/Beer, etc) for this one, folks. They have spent a lot of money lobbying the State.By Darrin
September 2, 2007 10:14 PM | Link to this
Tony is absolutely correct. This is not about what new laws to add or how to rearrange what we currently have, it’s about not needing them in the first place! It is not the legislators job to supposedly protect someone’s business. Both Woody and Nancy should be able to conduct their business in the way that they deem best for themselves; maybe they will make decisions that allow them to grow a successful winery operation and be profitable. Maybe they will make mistakes and cease to exist. That is the nature of a true free market. If they have a customer in Ohio or South Dakota that wants their product, they should be able to get it there how they choose — whatever may make most sense for their business. If they want to ship — let them ship. If they want to court a distributor to represent them, let them. If they want to do both, let them. (..and let them charge what they wish) It’s not real difficult!…and if a distributor doesn’t perform to their liking they should be able to make a business decision and drop them. Period. All too often we hear arguments about the hoops that need to be jumped through in this and other industries. It’s not about changing hoops, it’s about eliminating them. It’s also not about large or small business, or chain vs. independent. Yes, I personally almost exclusively support the family-run and the independents, but in over 20 years of working within the retail, restaurant and wholesale ends of the business, I can give plenty of examples of both ends of the spectrum for both the “large” and “small.” We don’t need new or different laws. We need a paper shredder.By Tony
August 31, 2007 9:25 PM | Link to this
As I started this, I have to comment again. As usual we are missing the discussion about the real problem. One of the contributors to this blog is explaining in a lot of details how we got to a new law. One more time: Why do we need a law (outside health and minors) at all when it comes to wine, or for that matter any alcohol beverage. What is wrong with unlimited shipping from anywhere? Why do we have fixed mark-ups between wholesalers, distributors, retailers and consumers? Can somebody just tell me why? Is this not price fixing? Would you agree to this for anything else e.g. cars, groceries, appliances, etc? So why wine? What is happening to competition and free market? I am sure I am not making any friends in the wine business, but I can buy books from any place in the world. I can buy a TV anywhere on the Internet. And everybody shops for bargains. That is called free market. So why not wine,or any alcohol. Why can any grocery store or other store sell any other alcohol e.g cognac, and if they choose so at a discounted price to attract customers? They do it for other groceries. Don’t tell me it is to protect minors, because most higher levels of alcohol bottles and wines in Ohio are sold in the same stores. So they are experienced in making sure that they verify age. Cigarettes are sold in grocery stores, obviously with age verification. So what is so special about wine and other alcohol? One last time: Why any laws that penalizes the consumer? I’d like to have an answer to that, even from the wine industry!By Woody
August 31, 2007 12:48 PM | Link to this
As a small winery producer, I disagree VEHEMENTLY with fellow winemaker Nancy regarding the direct shipping legisislation. Nancy is dead wrong on at several major points. 1- The legislation was NOT lobbied by the “Big Wineries”. I and several other small wineries were brought to the table, and drafted this legislation so ALL wineries, in state, and out of state, can ship wine to consumers. 2 The bill was “tacked on” in the budget bill as time was of the essense, NOT to “sneak it in”. Ohio WAS in direct violation of the Granholm Supreme Court decision before the legislation, and, contrary to Nancy’s accusations, this law WILL pass the Granholm test. 3 She is absolutely correct- A-2 holders, manufacturers of wine IN OHIO, cannot no longer ship direct direct with just the A-2. Unfortunately, the a-2 is ONLY available to Ohio manufacturers, so that is where the illegality was- out of state wineries COULD NOT get an a-2, and hence could NOT ship DIRECT to the consumer. The new bill allowed a NEW direct shipping permit for both OUT OF STATE and in State wineries. It is very low cost, and we little wineries tried to make sure it was not a paperwork nightmare. 4. Contrary to Nancy, the makeup of the committee to help pass this new legislation was spread throughout Ohio, not just, as she accuses, the “northeast wineries”. I am proud of the legislation and firmly believe we opened up direct shipping so that the consumer can get, shipped direct, wines from both out of state. I do want to point out that this bill was aimed at exactly the winery that Nancy owns- the “under 150,000 gallon per year” manufacturer. Yes, you still have to buy Gallo at the store, and not direct from the Gallo vineyards. But this bill may have very well saved ALL Ohio wineries that are smaller. And if I ever do get to be one of the REAL big boys of Ohio wine, (over 150,000 gallons), I would gladly enter the archaic three-tier system. (I think there is only ONE winery in Ohio over that capacity). So “uncork one” of a great bottle of wine from your favorite winery and remember that a hard working, grass roots of dedicated Ohio wine grape growers and winemakers spend MANY hours in Columbus, on the phone, and in emails getting this legislation passed, not some “high paid” lobbiest. -Woody, Northeast Ohio-By Nancy
August 31, 2007 12:09 PM | Link to this
We tried for months to let people know what was happening in Columbus; our web site even has a “Legislative Alert” button that was constantly updated. Ohio’s amendment was stuffed into the must-pass Senate budget bill by the Senate president, despite counsel to the contrary from several important Senators, and without input from wine stores, consumers and small wineries. I feel compelled to point out that fourteen large wineries up north also had a lobbyist at work on this potentially disastrous legislation. Our A2 permit will now preclude us from selling wine direct. If the replacement permit is challenged by out-of-state wineries (which it may well be under the Commerce Clause), we could be totally precluded from selling wine direct. Many small wineries will not be able to find or afford a distributor to sell their wine. Next step: small wineries in Ohio go out of business, and all our work in southern Ohio to renaissance this historic viticultural area goes out the window. That’s the local issue. The global issue is that the consumer lost big-time, and will begin to realize that as more and more wineries refuse to ship to Ohio.By D. Greene
August 31, 2007 9:01 AM | Link to this
It would have been helpful to include the original quote: “Big business is screwing the consumer! They have the money to bribe legislators to be on their side. We, the consumers, are basically helpless.” So really big business and the government are colluding to screw us, the consumer. These legislators and regulators are acting in their own interest when these businesses donate money to their campaigns and hook the politicians up with jobs when they retire from their public positions. The only way to start changing this is more transparency, starting with YOU, an open and aggressive press. Sadly, it seems that a lot of journalists would rather write about how sensible Hillary’s shoes were with her latest ensemble outfit, or would rather hobnob with the rich and powerful than expose their deeds to the light of day. I remember in the last year or two, the Supreme Court ruled that New York and Michigan’s wine laws were an unconstitutional violation of interstate commerce. I’d post a linky to the story as a hyperlink but since that’s not allowed I’ll just paste it in: http://www.nytimes.com/2005/05/16/politics/16cnd-wine.html?ei=5088&en=2718763ae851dfd8&ex=1273896000&partner=rssnyt&emc=rss&pagewanted=all I’m not all that surprised the other states didn’t immediately change their laws to fit the new ruling, but the fact is, any state laws in Indiana that hinder interstate commerce fall under the purview of the federal government. Local retailers can lobby their state government to pass protectionist laws to keep competition out, but you just have to go over their heads. The Supreme Court decision is probably provided the precedent for this lower federal court’s ruling. As a side note, I’m amused that Chateau Grand Traverse in Michigan challenged the law - I’ve been to their place and in general their wine is pretty darn good.By chiefwino
August 31, 2007 8:29 AM | Link to this
Unfortunately a petition probably will not do it. The only viable alcohol lobby efforts in Ohio belong to the large distributors that have the finances and access to state lawmakers and staffers. In fact the lobby groups draft most of the legislation that is submitted to the statehouse. The one lobby group nominally representing the retail side is only interested in tavern/bar issues like smoking. Unless someone with the proper legal experience can draft the appropriate legislation and a consumer petition to get it on a state-wide ballot initiative is successful; it probably will not happen. As vocal as we local winos are and think we are important, you must remember that less than 20% of the US population even drinks wine occasionally (they also average spending less than $5 per 750ml) and the hard core “wino/cork dork/Parker-clone” is an even smaller percentage. Until someone can organize and finance a grass-roots-type campaign like the one used last year to get the smoking ban put into place, I don’t see much hope of a statewide change in alcohol control laws.By Ed
August 31, 2007 8:26 AM | Link to this
There is a less than simple answer to the direct shipping and retail mark-up(Ohio) issue. Concerned consumers must meet, draft a petition to our state representatives, and begin to apply pressure. The Ohio Wholesalers hold the trump cards and will not let go of their precious profits. The legislative branch of government has no clue as to our concerns…they only listen to the lobbyists.