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BLOCK v. CANEPA

No. 22-3852.

74 F.4th 400 (2023)

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.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 14, 2023.

Attorney(s) appearing for the Case

ARGUED: James A. Tanford , EPSTEIN, COHEN, SEIF & PORTER, LLP, Bloomington, Indiana, for Appellants. Marissa J. Palumbo , OFFICE OF THE ATTORNEY GENERAL, Columbus, Ohio, for Defendant Appellees. ON BRIEF: James A. Tanford, Robert D. Epstein , EPSTEIN, COHEN, SEIF & PORTER, LLP, Indianapolis, Indiana, for Appellants. Marissa J. Palumbo, Kaitlyn M. Kachmarik , OFFICE OF THE ATTORNEY GENERAL, Columbus, Ohio, for Defendant Appellees. John J. Kulewicz , Timothy J. Bechtold , Henrique A. Geigel , Emily J. Taft , Maxwell H. King , VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, for Intervenor Appellee.

CLAY, J., delivered the opinion of the court in which MATHIS, J., joined and MOORE, J., joined in part. MOORE, J. (pp. 414-16), delivered a separate opinion concurring in part and dissenting in part.

OPINION

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...

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