The parties have each moved for summary judgment. We will examine the motions under the well established standard. See Peters Township School District v. Hartford Accident and Indemnity Co., 833 F.2d 32 (3d Cir. 1987). Plaintiffs, Wayne Rogers and John B. Simmons, have challenged the constitutionality of certain provisions of the Pennsylvania Liquor Code. See 47 P.S. § 1-101 et seq. (Purdon 1969). The Code, generally proscribing the private, retail sale of alcoholic beverages for off-premises consumption, was recently reenacted with some changes, see Act No. 1987-14, but the provisions pertinent to the case at bar were not materially altered for the purposes of this suit. Plaintiffs contend that provisions permitting private sales of wine directly to the consumer by "limited wineries," Act No. 1987-14, § 95 (reenacting and amending 47 P.S. § 5-505.2) and of liquor to consumers by "distilleries of historical significance," Act No. 1987-14, § 96 (reenacting 47 P.S. § 5-505.3) violate the commerce clause, U.S. Const. art. I, § 8, cl.3, and the due process and equal protection guarantees of the fourteenth amendment. U.S. Const. amend. XIV. Plaintiffs also allege that a provision permitting certain licensees to sell "sacramental wine" to priests, clergymen and rabbis, see Act No. 1987-14, § 40 (reenacting 47 P.S. § 4-409), violates the establishment clause of the first amendment. U.S. Const. amend. I. They seek declaratory and injunctive relief. The defendants are the members of the Pennsylvania Liquor Control Board (LCB), and Robert P. Casey, the Governor of the Commonwealth of Pennsylvania.
We have concentrated upon the plaintiffs' business background because we believe they have serious problems with their standing to assert two of their claims. Article III of the Constitution limits the "judicial power" of the United States to the resolution of "cases" and "controversies." Valley Forge Christian College v. Americans United For Separation of Church And State Inc., 454 U.S. 464, 102 S. Ct. 752, 70 L. Ed. 2d 700 (1982). This limitation requires us to inquire into the plaintiffs' standing.
Duke Power Co. v. Carolina Environmental Study Group Inc., 438 U.S. 59, 72, 98 S. Ct. 2620, 2630, 57 L. Ed. 2d 595, 610 (1978) (brackets added).