Lompoc Winery Owners Standing Up Against ‘Unconstitutional’ Fee Mandate

LOMPOC, Calif. (KEYT) - The owners of a small winery in Lompoc are pushing back against what they say is an unconstitutional mandate coming from the county.

A year ago, the Santa Barbara County Board of Supervisors approved an ordinance creating the Wine Business Improvement District, or Wine BID.

Under this ordinance, wineries are required to pay the Santa Barbara County Vintners Association 1% of their revenue on sales to consumers, including transactions in tasting rooms, wine clubs, and at events.

The Vintners Association is tasked with managing these funds for regional wine industry marketing.

Founder of Flying Goat Cellars in Lompoc Norm Yost says he’s not opposed to partnerships, associations, or regional marketing, but he is opposed to the county mandating which organizations to partner with.

Senior Attorney for the Goldwater Institute Adam Shelton, who represents Flying Goat, sent county leaders a letter last week urging them to amend the ordinance to make the fee and membership with the association voluntary.

Shelton says the ordinance violates the First Amendment’s freedom of association and compels Flying Goat to subsidize speech coming from the Vintner’s Association, as well as the Fifth Amendment’s taking clause.

The Goldwater attorney says the Supreme Court has declared practices of compelling independent businesses into private associations unconstitutional.

The Latest Breaking News, Weather Alerts, Sports and More Anytime On Our Mobile Apps. Keep Up With The Latest Articles by Signing Up for the News Channel 3-12 Newsletter.