Home

Lawsuit Status

About Us

Contact Us

About Us

"Our system, fostered by the Commerce Clause, is that every farmer and every craftsman shall be encouraged to produce by the certainty that he will have free access to every market in the nation… Likewise, every consumer may look to the free competition from every producing area in the nation to protect him from exploitation by any. Such was the vision of the founders; such has been the doctrine of this court which has given it reality."

-- From the U.S. Supreme Court Opinion
H.P. Hood & Sons, Inc. v. Du Mond,
336 U.S. 525, 539 (1949)

Founded in 1997, the Coalition for Free Trade is a non-profit 501(c)3 legal foundation whose goal is to legalize direct-to-consumer shipments of wine from out-of-state wineries and retailers in those states where it is currently prohibited.

Coalition for Free Trade's litigation program challenges the constitutionality of state statutes that prohibit adult consumers from purchasing and receiving wine from out-of-state sources such as wineries, e-commerce sites and traditional "brick and mortar" wine shops. Coalition for Free Trade coordinates with attorneys and legal foundations across the country who file test cases (i.e. cases of first impression). Coalition for Free Trade's legal advisors are law professors, wine industry attorneys and federal litigation experts that are volunteering their expertise in the interests of free enterprise, fair trade and a good bottle of wine!

The lawsuits filed assert the civil rights of consumers and their out-of-state purveyors to participate in interstate commerce, whether through e-commerce or traditional methods. They seek to restore the ability of both consumers and businesses to engage in wine sales and deliveries under the Commerce Clause of the U.S. Constitution.

Each suit requests the court to have declared unconstitutional the applicable state statute that prohibits direct shipments to consumers by out-of-state businesses. This particular type of litigation is usually referred to as a "declaratory relief action." The lawsuits also seek a court order enjoining enforcement of the offending statute and allows for the recovery of attorneys' fees and costs from the state sued. Each lawsuit is filed under 42 U.S.C. 1983 (i.e. section 1983) which was originally entitled the Civil Rights Act of 1871.

The Coalition for Free Trade operates solely on voluntary contributions from members of the American wine industry and consumers. As a tax-exempt organization, under Section 501(c)3 of the Internal Revenue Code, Coalition for Free Trade does not charge fees for it's services. If requested, contributor information is kept strictly confidential.

Tracy Genesen, Legal Director

Tracy K. Genesen is Legal Director for the Coalition for Free Trade, a non-profit foundation of wine industry representatives and legal experts. Ms. Genesen directs the strategy, coordination and substantive content of the six active Federal lawsuits that are at the core of the interstate, direct-to-consumer wine shipping debate. She is a frequent speaker and news source on the issue.

Ms. Genesen is also Of Counsel at the Global law firm of Kirkland & Ellis LLP specializing in complicated litigation, corporate, intellectual property, bankruptcy, tax, and counseling matters for major national and international clients.

Ms. Genesen served six years as special assistant to the State Bar of California's chief trial counsel. She has taught legal ethics to judges, attorneys and the public. Ms. Genesen co-authored "Lawyer Discipline Reform in California" that appeared in the Professional Lawyer (Nov. 1995), and authored an article for Litigation Newsletter (Summer 1997) entitled "Permanent Disarmament Sanction: The New Rule."

Prior to moving to California, she was a District Attorney in Cook County, Illinois.

Ms. Genesen is a graduate of the ITT Chicago, Kent College of Law, and the University of Wisconsin, Madison. She is admitted to practice in California and Illinois. She resides near Sacramento, California with her husband and son, and owns and manages Stone Mountain Vineyard in the Amador appellation.

W. Reed Foster, President 
Mr. Foster is the President of the Coalition for Free Trade, a non-profit foundation of wine industry representatives and legal experts.

Prior to this he served as Chairman and CEO of Ravenswood Winery from 1986 to 2001, when the company was purchased by Constellation Wines U.S. He founded Ravenswood in 1976 with Joel Peterson, winemaker. He officially retired from Ravenswood Winery in 2005 and has served as the President of the California Cabernet Society for the last five years.

Mr. Foster is an active investor and/or Board Member of a number of companies, mostly start-ups. Best known of these would be Vino.Volo, creating upscale wine tasting bars in airports, and Ecospan, producing completely biodegradable food and drink containers sold throughout the world.

He started in the wine business with Jerry Draper; they co-founded the Vintners Club in San Francisco in 1973. Mr. Foster is a graduate of Williams College and Harvard Business School. He served for two years in the U.S. Army.

©2008 Coaliton for Free Trade. All rights reserved.