No. 19-1948 IN THE UNITED STATES COURT OF APPEALS EIGHTH CIRCUIT SARASOTA WINE MARKET, LLC, d/b/a Magnum Wine and Tastings, et al. Plaintiffs/Appellants v. ERIC SCHMITT, Attorney General, et al. Defendants/Appellees Appeal from the United States District Court, Eastern District of Missouri, Hon. Henry Edward Autry BRIEF OF APPELLEES ERIC S. SCHMITT Missouri Attorney General D. John Sauer, MO58721 Solicitor General Zachary M. Bluestone, MO69004 Deputy Solicitor General Katherine S. Walsh, MO37255 Assistant Attorney General Missouri Attorney General’s Office 815 Olive Street, Suite 200 St. Louis, MO 63101 Tel: (314) 340-7515
[email protected] Attorneys for Appellees Appellate Case: 19-1948 Page: 1 Date Filed: 11/13/2019 Entry ID: 4851853 SUMMARY OF THE CASE A Florida wine retailer, its owner, and two Missouri consumers brought this civil-rights action challenging Missouri’s three-tier system for alcohol distribution—a framework in place since the end of Prohibition. Plaintiffs claim this scheme discriminates against interstate commerce and violates the Privileges and Immunities Clause by prohibiting unlicensed out-of-state retailers from shipping wine to local consumers. On the State’s motion, the district court dismissed both claims in light of applicable precedent and because invalidating the shipping restriction would allow out- of-state retailers to “circumvent the Missouri regulatory system entirely.” Plaintiffs argue on appeal that Tennessee Wine & Spirits v. Thomas, 139 S. Ct. 2449 (2019), renders the district court’s order “clearly erroneous.” But dismissal remains valid for two reasons. First, Plaintiffs lack standing to bring this action. Second, the three-tier system does not discriminate against out-of-state retailers—a necessary element of both claims.