States defending local alcohol privileges often try to draft around the dormant Commerce Clause with a delivery distinction. They do not always write that only in-state breweries, wineries, or distilleries may ship. Instead, they create a delivery, shipping, self-distribution, or direct-sale privilege and then say the privilege may be exercised only through the permit holder’s own employees.
That sounds neutral. It usually isn’t.
A local brewery can send an employee across town. A local winery can deliver from the tasting room. A local distillery can put someone in a branded van. But a brewery in Washington, Oregon, Colorado, California, or
