Reed Day v. Ben Henry

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

REED DAY; ALBERT JACOBS, No. 23-16148

Plaintiffs - Appellants, D.C. No. 2:21-cv-01332- v. GMS

BEN HENRY, in his official capacity as Director of the Arizona Department of Liquor Licenses and Control; et al.,

OPINION

Defendants - Appellees, and

WINE AND SPIRITS

WHOLESALERS ASSOCIATION

OF ARIZONA,

Intervenor - Defendant - Appellee.

Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding

Argued and Submitted October 22, 2024 Phoenix, Arizona Filed March 4, 2025

Before: MILAN D. SMITH, JR., BRIDGET S. BADE, and DANIELLE J. FORREST, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr.; Partial Concurrence and Partial Dissent by Judge Danielle J. Forrest.

SUMMARY *

Commerce Clause

The panel affirmed the district court’s summary judgment for state officials and an intervenor-defendant in a 42 U.S.C. § 1983 action brought by Arizona residents alleging that Arizona’s statutory scheme preventing retailers without in-state premises from shipping wine directly…