WA State appeals Costco ruling

The courtroom fight over the legality of Washington state's control laws -- and indirectly those of other states -- is going into round two.

As expected, the Washington State Liquor Control Board is appealing a federal court decision last month that invalidated a host of alcohol beverage control laws. Ruling in favor of Costco Wholesale Corp., Judge Marsha Pechman said regulations such as a ban on quantity discounts violated antitrust laws and were not justified under the 21st Amendment.

That amendment ended Prohibition and gave states broad powers to regulate alcohol beverage sales.

The state argues the judge tilted the scales excessively toward the federal side.

"This case is about Washington state's right under the 21st Amendment to regulate alcohol sale as the citizens see fit," Assistant Attorney General David Hankins said in a written statement. "The judge failed to properly balance this important right against federal policy to promote interstate commerce."