Washington breweries sued to distribute beer in Idaho. Legislature is involved now
Two Idahoans wanted to buy Washington beer. Two Washington breweries wanted to distribute their product in the Gem State. So in 2023, they sued Idaho, alleging that some of the state’s beer distribution laws were unconstitutional, according to court documents.
The plaintiffs alleged that small out-of-state breweries were treated differently than those in state, violating the Commerce Clause of the U.S. Constitution and the 21st amendment.
The suit said that in-state small brewers could self-distribute their product directly to consumers — but those outside Idaho couldn’t, according to Rep. Vito Barbieri, R-Dalton Gardens.
On Wednesday, Barbieri presented a bill that could make a change. The legislation would allow small brewers outside Idaho to act as wholesalers for their own products, as long as they maintain a warehouse in Idaho. The warehouse is “paramount,” to ensure that all beer products are subject to inspection, the bill text said.
“This is small-brewer parity legislation,” Barbieri said in a committee hearing. “This legislation just ensures that in-state small brewers are treated the same as out-of-state small brewers.”
The bill was introduced unanimously.
In its most recent filing in the lawsuit, the Idaho defendants argued that a physical in-state warehouse requirement would further the state’s interest in protecting public health and safety.
Last year, a local brewer told the Statesman that brewery businesses were struggling.
