Decent article summarizing why Tesla can't sell directly.
TLDR: Because auto dealers don't want to have to compete directly with manufacturers.
Which makes no sense, seeing as how Tesla doesn't have any dealers that would compete with them, selling their own cars.
I like the guy I bought my car from on one level, but if it saves me money on my next car purchase, well, so long dealerships.
"It is the effect upon commerce, not the source of the injury, which is the criterion." - N.L.R.B. v. JONES & LAUGHLIN STEEL CORP., 301 U.S. 1 (1937) [http://laws.findlaw.com/us/301/1.html]
I think they took the safest approach
This is not completely correct. Let me expand a little bit even though it is not applicable here. There is something called the "dormant" commerce clause (also referred to as the "negative" commerce clause) doctrine. This doctrine basically prohibits states from favoring in state commercial actors at the expense of out of state actors. Think protectionist legislation. Therefore, there is a lot more to the commerce clause than simply allowing the federal government to regulate interstate commerce.
Therefore, I think it might be time for Tesla to take this up as a federal matter.
I believe Tesla's constitutional rights are being violated in the states that do not allow them to operate their own stores.[2]
[1] "Congress shall have the power to regulate commerce ... among the several states ..." At the time the constitution was written, the definition of regulate was something like "to keep free of obstruction, to allow to occur without hinderance".
[2] This is completely separate from regulations that require car stores to operate safely, e.g.: if the state required that service departments have barriers around pits to keep people from falling in, that would be fine, and Tesla could comply when they open a service department. But forcing a business model on people is quite different from protecting public safety.