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DEREK BLOCK,
Plaintiff,
KENNETH M. MILLER; HOUSE OF GLUNZ, INC.,
Plaintiffs-Appellants,
v.
JAMES V. CANEPA, et al.,
Defendants,
DAVE YOST, Attorney General of Ohio; ANDY
WILSON, Director, Ohio Department of Public Safety,
Defendants-Appellees,
WHOLESALE BEER & WINE ASSOCIATION OF OHIO,
Intervenor Defendant-Appellee.
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No. 22-3852 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:20-cv-03686—Sarah Daggett Morrison, District Judge.
Argued: May 5, 2023
Decided and Filed: July 14, 2023
Before: MOORE, CLAY, and MATHIS, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. Plaintiffs Kenneth M. Miller and House of Glunz, Inc. challenge
the constitutionality of Ohio liquor laws preventing out-of-state wine retailers from shipping
wine directly to Ohio consumers, Ohio Rev. Code Ann. §§ 4301.01(A)(2), 4303.03, 4303.12,
4303.27 (the “Direct Ship Restriction”), and prohibiting individuals from transporting more than
4.5 liters of wine into Ohio during any 30-day period, Ohio Rev. Code Ann. § 4301.20(L) (the
“Transportation Limit”).1 Through this appeal, Plaintiffs challenge the district court’s holdings
that: (1) the Direct Ship Restriction is constitutional under binding Sixth Circuit precedent; (2)
the Director of the Ohio Department of Public Safety is entitled to Eleventh Amendment
immunity from Plaintiffs’ claims; and (3) Plaintiffs lack standing to challenge the Transportation
Limit. For the reasons set forth below, we AFFIRM IN PART and REVERSE IN PART. |
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