Tesla Files Suit to Sell Cars Directly to Consumers in Michigan
September 22 2016 - 2:50PM
Dow Jones News
Tesla Motors Inc. filed suit Thursday after Michigan denied it a
license to open a store to sell directly to customers, saying a
state law violates its constitutional rights and protects hometown
rivals such as General Motors Co.
The suit, filed in U.S. District Court for the Western District
of Michigan, names three state officials: Michigan Gov. Rick
Snyder, Attorney General Bill Schuette and Secretary of State Ruth
Johnson, the latter whose department rejected Tesla's application
for a dealership license last week.
"We are currently reviewing the suit," a spokeswoman for the
attorney general's office said in a statement.
Tesla has been fighting state franchise laws around the country,
trying to set up its own retail locations while facing intense
resistance from independent franchise dealers and auto makers. A
hodgepodge of state laws were originally set up to protect
independent dealers from being closed by manufacturers.
The Palo Alto, Calif., auto maker argued Michigan is
distinguishing without legitimate justification between
manufacturer-owned dealerships and franchised dealerships not owned
by auto makers.
"These irrational classifications do not further any legitimate
government interest and exist solely for the purpose of protecting
two discrete Michigan-based interest groups—Michigan's franchised
auto dealers and Michigan-based manufacturers—from economic
competition," Tesla said in the suit.
Tesla lawyers hope a 2013 federal appeals court ruling in New
Orleans could bolster their case against such state franchise laws.
The case involved an abbey trying to sell coffins during a casket
shortage, only to find state law restricted sales to those licensed
by the Louisiana Board of Funeral Directors. The court ruled in the
abbey's favor.
Such "economic liberty" arguments have found favor among some
circuit courts, Northwestern University law professor John McGinnis
said.
"The argument is that these regulations have no public-regarding
reason, they're just there for protectionism," he said. "It's still
not clear that Tesla is going to win; I'm saying that this case is
better or more plausible than it would've been a decade ago."
Tesla is also arguing that the state is impeding the free flow
of commerce among the states.
Separately, Tesla on Thursday began updating software in its
vehicles in North America, including revisions to Autopilot that
Chief Executive Elon Musk has said likely would have prevented a
fatal car crash in May.
Write to Tim Higgins at tim.higgins@wsj.com
(END) Dow Jones Newswires
September 22, 2016 14:35 ET (18:35 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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