Slimebag Jason Chaffetz, Republican of Utah, introduced a bill in the House that would allow states to cement liquor protectionist laws

IMAGINE if Texas lawmakers, in a bid to protect mom-and-pop bookstores, barred Amazon.com from shipping into the state. Or if Massachusetts legislators, worried about Boston’s shoe boutiques, prohibited residents from ordering from Zappos.com.

Such moves would infuriate consumers. They might also breach the Constitution’s commerce clause, which limits states from erecting trade barriers against one another. But wine consumers, producers and retailers face such restrictions daily.

Last month, Representative Jason Chaffetz, Republican of Utah, introduced a bill in the House that would allow states to cement such protectionist laws. It should appall wine snobs, beer swillers and even teetotalers. In this case, the law would protect not small stores and liquor producers, but the wholesale liquor lobby.

Like virtually all of America’s liquor laws, this proposal traces its origins to the temperance movement. When Prohibition was repealed by the 21st Amendment in 1933, states were given the authority to regulate the “transportation or importation” of “intoxicating liquors” within their borders.

States were allowed to decide whether they wanted to remain dry. As alcohol again started flowing freely, states either assumed control over its sale and distribution, or created a wholesale tier to sit between producers and retailers.

Before Prohibition, many bars were owned by brewers or distillers. Temperance advocates blamed these bars for some of the ills associated with drunkenness, and believed that keeping the producers away from the business of selling directly would help society.

Lawmakers hoped this wholesale tier would weaken producers. And indeed, the wholesaling industry grew quickly, as most alcoholic beverages had to pass through it before ending up at liquor stores, bars and restaurants. It was, essentially, a state-mandated middleman.

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Slimebag Jason Chaffetz, Republican of Utah, introduced a bill in the House that would allow states to cement liquor protectionist laws

Slimebag Jason Chaffetz, Republican of Utah, introduced a bill in the House that would allow states to cement liquor protectionist laws

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