District court order granting defendants' motions to dismiss plaintiff's request for a declaratory judgment is affirmed where sections of the New York Alcoholic Beverage Control Laws banning direct sales to consumers by out-of-state liquor retailers and instituting a three-tier system for the regulation of alcoholic beverages evenhandedly regulate the importation and distribution of liquor within the state and do not discriminate against out-of-state producers in violation of the Commerce Clause, and thus are a valid exercise of the state's rights under the Twenty-first Amendment.
Appeal from the United States District Court for the Southern District of New York.
Argued January 29, 2009
Filed: July 1, 2009
Before: WALKER, CALABRESI, and WESLEY, Circuit Judges.
Opinion by WESLEY, District Judge.