California’s Winery Shakedown Tests Limits of Free Speech, Association
A lawsuit by one small winery could decide whether government can compel businesses to join and fund private organizations against their will.
Our morning content is free for all subscribers and guests! Usually our afternoon content is behind a paywall…. If you are not yet a paid subscriber, consider upgrading — you are missing a significant portion of what we produce each week, and your support makes it possible. If you want to get it all and support my efforts, please consider a paid subscription!
Good news - because a handful of folks over the weekend asked if they could take advantage of the Independence Day Sale after the weekend, we’ve left it open one more day. Click the red button under the image below! Lowest price of the year.
You can also listen to this post (and the full California Post column) on our podcast feed, So, Does It Matter? SPOKEN. It is available on your favorite podcast app. And you can listen to it here.
Mandatory Membership, Mandatory Dues — For Wineries?
My latest California Post column looks at a little-known Santa Barbara County program that raises a much larger question: can government force businesses to join and financially support private organizations they may oppose?
Most Californians have never heard of Flying Goat Cellars, a small family winery in Lompoc. They should. At issue is far more than wine, tourism, or local marketing.
A county-created program now requires certain wineries to pay an assessment tied to their sales. But the money does not go to roads, public safety, or government services. Instead, it flows to a private trade association.
And participation is not optional. The winery at the center of the case says it disagrees with the organization’s priorities, advocacy, and direction. County officials say that doesn’t matter.
The resulting lawsuit raises some significant constitutional questions involving free speech, freedom of association, and the limits of government power. The implications may reach well beyond Santa Barbara County. Similar arrangements already exist elsewhere in California, and other industries will undoubtedly be watching closely.
Sometimes the most important constitutional fights don’t begin in Washington or Sacramento. Sometimes they begin with a small business owner willing to say no.
👉 Read my full California Post column HERE. (No Paywall)
As I was writing this column, I noticed that the winery owners sat down for an awesome long-form interview on the California Insider podcast. So worth your time if you are interested. I recommend reading my column at the California Post first, then watching it. (I borrowed a couple of quotes from this to round out my column.)