Winemakers sue Santa Barbara County over trade association

There is no opt-out.

Flying Goat Cellars owners Norm Yost and Kate Griffith, who are married to each other, argue they are being compelled to fund speech with which they disagree. The owners, whose winery is located in the northern Santa Barbara County city of Lompoc, also feel they’re being forced to fund a trade association that does not have their best interests at heart.

Matters did not have to reach this point, said Adam Shelton, senior staff attorney at the Goldwater Institute, the Phoenix public policy research and litigation organization representing Flying Goat Cellars.

“We sent a letter to the Board of Supervisors and the business association back in February of this year because they failed to respond to that letter and our attempts to work with them,” Shelton told The Center Square. “We were left with only one option, and that was filing a lawsuit to ensure the constitutional rights of Flying Goat Cellars and its owners were protected.”

The Goldwater Institute believes the owners’ First and Fifth Amendment rights under the U.S. constitution are being violated by this ordinance.

The Center Square requested an interview with the Santa Barbara County government's attorneys, but did not hear back by press time.

When asked for a dollar amount for 1% of her business's sales, Griffith said the amount is not the issue. The Flying Goat Cellars co-owner said the issue is that she and Yost were forced to pay something and be members.

“Because we’re celebrating the 250th anniversary of the founding of our country, I’m proud to defend the First and Fifth Amendment rights that my patriot ancestors fought hard to establish,” Griffith told The Center Square. “I’ll do whatever I can to prevent the government from forcing our affiliation with an organization we don’t want to join, as well as taking money from our coffers for that organization.”

Yost told The Center Square in February that the Santa Barbara County Vintners’ Association has been around for decades and has “always had funding issues.”

Both Griffith and Yost have served on the association's board. And while Griffith said they “appreciated its methods and approaches in years ago by,” the couple has not agreed with the association's actions in recent years.

“We feel like the organization has been shanghaied by the wealthier, deeper pockets in the county - the wineries that have more resources. And it’s catering to this group,” said Griffith. “There are like 480-something wineries in Santa Barbara County, and a very small amount are dominating. And some wineries that are owned by billionaires are driving this thing, and it’s just absurd that we are having to opt-in without a choice.”

The lawsuit is known as Flying Goat Cellars Inc. v. Santa Barbara County Board of Supervisors. It is filed in the U.S. District Court of the Central District of California. 

“The Supreme Court has made clear that the government cannot force Americans to subsidize speech they disagree with,” said Shelton. “It has also recognized a fundamental right not to be compelled into private associations.”

According to Shelton, Santa Barbara County’s mandate violates both principles.

When asked for examples of Supreme Court precedents, Shelton cited United States v. United Foods Inc. (2001), Janus v. AFSCME (2018) and Roberts v. U.S. Jaycees (1984) 

While the current case may involve a winery in one part of the country, Shelton said every American should care.

Some people are already locked onto the issue.

“There have been people that we didn’t even know that have come out of the woodwork to express support and to commend us for our position, and not only in our county, but from all over the country,” said Griffith. “If this particular law is allowed to stand, that just sets a precedent for other industries to set up assessments and business improvement districts.”