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Judge Rejects Ban On Wine Sales
by Maureen Sirhal
A federal judge in Texas has declared the state's ban on direct shipments of wine to residents unconstitutional. U.S. District Judge Melinda Harmon ruled last month that the state law violates the U.S. Constitution's Commerce Clause, which gives Congress the exclusive right to regulate interstate commerce.
Harmon noted that the law "explicitly reflects" an intent to protect Texas wineries by limiting competition from other regions, including California, New York and Europe." Two private Texas-based attorneys -- Sterling Steves and Mark Harwell -- brought the suit on behalf of three Houston consumers.
Texas Attorney General John Cornyn fought the case on behalf of the state. "The last thing that happened was we filed a motion to ask the judge to reconsider her opinion," Cornyn spokesman Tom Kelley said. "There is no final judgment yet. She has not ruled on the motion to reconsider."
Kelley said the attorney general's office might petition the judge to stay the ruling if Harmon declines the motion to reconsider. A stay would effectively stop wine shipments. But "we really don't like to speculate," Kelley added. "The law is still in place until this part of it is resolved."
The Texas ruling is one of three in recent months that has given wine enthusiasts a victory over laws that opponents say create regulatory hurdles to free commerce. In March and April, federal judges in Virginia and North Carolina struck down state laws banning the direct shipment of wine to consumers on constitutional grounds. The rulings could impact wines sales over the Internet.
"This reinforces what federal district courts in North Carolina and Virginia have also concluded in recent decisions -- namely that interstate shipments of wine are entitled to the same constitutional protections as those initiated by in-state wineries," American Vintners Association President David Sloane said in a statement.
Ask Before You Share My Information
In a first for California, San Mateo County this week approved a new ordinance requiring banks to obtain permission before they share personal information about customers. County Supervisor Mike Nevin, who sponsored the ordinance, said San Francisco, Daly City and Marin County also are interested in pursuing a similar policy.
Violators of the new San Mateo ordinance face fines from $2,500 to $250,000. Authorities will rely on consumers to alert them about banks or other financial institutions that share personal information with a third party.
In other privacy news, New York's chief information officer, James Dillon, recently issued a guide on protecting privacy within state agencies. The guide aims to help state agencies draft online privacy policies to comply with a state law on the subject. That law requires every "agency that maintains a Web site to adopt and post an Internet privacy policy."
The guide features a model policy that state agencies can adopt, and the model basically outlines what information a department collects and how it uses it.
Virginia's Gilmore Lands Legal Post
Former Virginia Gov. James Gilmore has accepted an offer to become a partner in the Washington office of the Kelley, Drye and Warren law firm. Gilmore will specialize in corporate and technology law, and help develop the firm's new homeland security practice. He also will continue lobbying activities in the region, working from both the District of Columbia and Tysons Corner, Va., offices of Kelley Drye.
"During his tenure in Virginia, Jim was one of the first governors to grasp the growing importance of the telecommunications and information technology sectors and quickly emerged as a champion of both," Floyd Kvamme said in a statement. Kvamme co-chairs the President's Council of Advisors on Science and Technology and is a partner emeritus at Kleiner, Perkins, Caufield & Byers, a leading Silicon Valley venture-capital firm.
Gilmore served as Virginia's governor from 1998 through 2001. Before that, he was the state's attorney general. Gilmore briefly served as the chairman of the Republican National Committee in 2001 and chairs the Congressional Advisory Committee on Terrorism Involving Weapons of Mass Destruction. Known as the "Gilmore Commission," the committee advises the White House and Congress on homeland security issues.
In other people news, Washingtonpost.com reports that the president of the Washington DC Technology Council, Charlotte Hayes, has resigned to pursue other interests. The council currently is seeking a replacement. John Sanders, who directs several technology firms in the region, will serve as the interim president.
Hayes led the council for nearly two years and proved instrumental in winning passage of legislation by the city council that sought to attract more firms to the city. But membership in the group, like that in many technology councils, is declining in the face of the dot-com bust. Nearly a third of the group's members have left since 2000.
Virginia, New Hampshire Hatch Tech Initiatives
Several states are launching new technology grant programs in an effort to boost jobs and attract more business.
Virginia Gov. Mark Warner this week unveiled the eight recipients of the Small Business Incubator Program. The grant programs distributed $217,500 to local and regional nonprofit groups to establish and strengthen small-business incubators. The groups can put the money toward initiatives like workforce training and shared resources such as equipment.
Warner awarded $7,500 to the South Boston Industrial Development Authority; $30,000 to the AdvanTech Incubator in Richmond; $25,000 to the Hampton Roads Technology Incubator; $40,000 to the Jefferson Davis Enterprise Center; $25,000 to the Mountain Empire Regional Business Incubator in Norton; $25,000 to the New Century Venture Center in Roanoke; $25,000 to the New River Valley Competitiveness Center in Radford; and $40,000 to the Richlands Small Business Incubator in Tazewell County.
Meanwhile, New Hampshire Gov. Jeanne Shaheen earlier this month announced a new partnership among state and private-sector officials to launch an initiative to form two new technology incubators, which seek to attract more industries and jobs to the state.
Dartmouth University donated land to launch the first facility: the Dartmouth Regional Technology Center. Other partners on the project include the University of New Hampshire, the New Hampshire Community Technical College System, the Grafton County Economic Development Council, the New Hampshire Biotechnology Council and the Department of Resources and Economic Development.
The groups are planning a second incubator located along the state's coast.
Rhode Island, Massachusetts Swap Software
Rhode Island and Massachusetts officials last month reached an agreement to swap software for in-state transactions at savings of $1 million to state residents.
The deal will provide Rhode Island with Uniform Commercial Code (UCC) software developed by Massachusetts in exchange for Rhode Island software that tracks regulations. Both states are gaining access to key software at a "fraction" of the cost, according to the deal.
The UCC facilitates commercial transactions, and in Rhode Island, businesses must file certain documents related to those transactions. With the UCC software, the state now will be able to offer Web-based filing and imaging, making it easier for businesses to comply with the rules.
The E-Government Transition
Ohio and Illinois are planning separate conferences to address the migration of governments online. State chief technology and information officers are expected to deliver keynote addresses, while several state legislators and county and city officials will speak on issues ranging from cyber security to technology procurement and privacy.
The Illinois Digital Government Summit will be Sept. 5-6 in Springfield, and the Ohio Digital Government Summit will be Oct. 2-3 in Columbus.
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