That's bad, winemakers say. But their big fear is that their businesses will be trampled in a broader court battle over the issue of direct shipment of wine.
"We have a court ready to drop a decision that has the potential to shut down our tasting rooms, and that would be catastrophic for our industry," said Scott Donnini, a Salem County lawyer-turned-vintner, who chairs the legal committee of the Garden State Wine Growers Association.
Wineries in New Jersey sell most of their wine at on-premises tasting rooms and at their stand-alone stores or kiosks within restaurants.
In December, the U.S. Court of Appeals for the Third Circuit said New Jersey had unconstitutionally discriminated against out-of-state wineries by permitting only in-state wineries to sell directly to consumers and by banning shipments of wine to consumers.
The appeals court sent the case back to a lower court with two options: Give out-of-state wineries the same right to sell to consumers, or prohibit all wineries from selling directly to consumers.
The lawsuit was brought in 2003 by New Jersey wine enthusiasts and a California winery, which argued New Jersey should not be allowed to ban shipment of wine to New Jersey consumers. Additionally, they objected to a provision in state law that permitted only in-state wineries to sell directly to consumers.
Unlike 38 states, New Jersey does not allow wine sellers, in or out of state, to ship directly to consumers.
The two houses in the state legislature could not agree on a solution that would satisfy New Jersey's liquor industry, which opposes direct shipping, and a coalition of consumer groups that supports the practice.
That left New Jersey wineries in limbo.
"We're in the weird position of being a political football that no one really wants to play with," said Donnini.
