Tuesday’s TU features my story about the lawsuit filed by Empire Wines, the popular liquor retailer in Northway Mall off Central Avenue, against the State Liquor Authority.

The action comes seven weeks after the SLA hit Empire with a letter saying it was in violation of a regulation that allows the state entity to revoke, cancel or suspend a liquor license due to “improper conduct by the licensee,” in this case shipping wine to customers in 16 states — Pennsylvania to Massachusetts, Louisiana to Arizona — that bar direct sales to consumers.

Empire doesn’t dispute shipping the grog, but its lawsuit argues that there is no New York state law or regulation barring the shipment of wine to customers in other states. Moreover, the suit claims that the “Commerce Clause” of the U.S. Constitution gives the federal government and not individual states the power to regulate interstate trade.

“In attempting to prevent Empire from shipping wines to customers in other states, and penalizing Empire for allegedly doing so, SLA is acting without constitutional or statutory authority,” says the suit. It also argues that the regulation cited by the SLA is unconstitutionally vague and gives the body “unfettered discretion” to determine what constitutes improper conduct.

SLA spokesman William Crowley said he could not comment on Empire’s action, which the authority had not received on Monday, but noted that Empire had been charged with “selling directly to consumers in 16 states where direct sales to consumers are illegal.”

Here’s a copy of the suit with exhibits attached — including the SLA’s Aug. 1 filing against Empire:

Empire Wine vs New York State Liquor Authority Lawsuit

Here’s Empire’s news release on the suit: