DEREK BLOCK, KENNETH M. MILLER; HOUSE OF GLUNZ, INC. v. JAMES V. CANEPA, Superintendent of Liquor Control, Ohio Division of Liquor Control, DAVE YOST, Attorney General of Ohio, WHOLESALE BEER & WINE ASSOCIATION OF OHIO - Articles

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DEREK BLOCK, KENNETH M. MILLER; HOUSE OF GLUNZ, INC. v. JAMES V. CANEPA, Superintendent of Liquor Control, Ohio Division of Liquor Control, DAVE YOST, Attorney General of Ohio, WHOLESALE BEER & WINE ASSOCIATION OF OHIO

Posted by: Azya Thornton on May 6, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: James A. Tanford, EPSTEIN SEIF PORTER & BEUTEL, LLP, Indianapolis, Indiana, for Appellants.

Attorneys 2: ARGUED: Michael J. Hendershot, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee Dave Yost.

Attorneys 3: ON BRIEF: James A. Tanford, EPSTEIN SEIF PORTER & BEUTEL, LLP, Indianapolis, Indiana, for Appellants.

Attorneys 4: Michael J. Hendershot, Mathura J. Sridharan, Kaitlyn M. Kachmarik, Samantha V. Rupp, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Attorneys 5: Martha Brewer Motley, Emily J. Taft, Maxwell H. King, VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, Ohio, for Intervenor Appellee.

Attorneys 6: Sean O’Leary, O’LEARY LAW AND POLICY GROUP, LLC, Chicago, Illinois, John C. Neiman, Jr., MAYNARD NEXSEN PC, Birmingham, Alabama, Frederick R. Yarger, William P. Sowers, Jr., WHEELER TRIGG O’DONNELL LLP, Denver, Colorado, for Amici Curiae.

Judge(s): MOORE, CLAY, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Columbus

CLAY, Circuit Judge. 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 §§ 4301.01(A)(2), 4301.58(C), 4303.12, 4303.25, 4303.236(B)(1), 4303.27 (the “Direct Ship Restriction”), and prohibiting individuals from transporting more than six bottles of wine into Ohio during any 30-day period, id. § 4301.20(L) (the “Transportation Restriction”). On appeal, Plaintiffs challenge the district court’s holding that the Restrictions are constitutional. For the reasons set forth below, we REVERSE the district court and REMAND for further proceedings consistent with this opinion. BACKGROUND Plaintiff Kenneth Miller is an Ohio resident who wants to be able to order wine directly from out-of-state retailers and to personally transport wine he buys outside of Ohio back into the state. Plaintiff House of Glunz is an Illinois retailer that wants to be able to ship wine directly to Ohio consumers. Ohio law, however, prohibits out-of-state retailers from shipping wine directly to Ohio consumers (the “Direct Ship Restriction”) and prohibits Ohio residents from personally transporting more than six bottles of wine into the state during any thirty-day period (the “Transportation Restriction”). Miller and House of Glunz thus filed suit alleging that the Direct Ship and Transportation Restrictions impermissibly discriminate against out-of-state businesses in violation of the Commerce Clause. The procedural and factual background relevant to this appeal is set forth below.

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