Texas federal judge rules 1868 ban on at-home distilling unconstitutional

[LAUREN TAYLOR]

SOME WHISKEY AND BOURBON DRINKERS MAY SOON BE ABLE TO MAKE THEIR OWN IN THE CONVENIENCE OF THEIR HOME FOLLOWING A COURT’S DECISION.

A FEDERAL JUDGE IN TEXAS RULED THAT A 156-YEAR-OLD BAN ON AT-HOME DISTILLING IS UNCONSTITUTIONAL.

THE JUDGE SAID THE BAN IS BEYOND THE TAXING POWER OF CONGRESS AND VIOLATED THE COMMERCE CLAUSE.

THE RULING IS A WIN FOR HOBBY DISTILLERS, A GROUP THAT ADVOCATES IN FAVOR OF LEGALIZING AT-HOME PRODUCTION OF SPIRITS. 

THEY SUED THE U-S GOVERNMENT LATE LAST YEAR – ARGUING THE GOVERNMENT’S REGULATIONS DID NOT APPLY TO ACTIVITIES IN THEIR HOMES. 

A LAWYER FOR THE TEXAS-BASED ADVOCACY GROUP SAID THE RULING “RESPECTS THE RIGHTS OF OUR CLIENTS TO LIVE UNDER A GOVERNMENT OF LIMITED POWERS.”

THE JUSTICE DEPARTMENT CONTENDED THE BAN WAS NEEDED TO PROTECT THE THE REVENUE THE GOVERNMENT GETS FROM TAXING DISTILLED SPIRITS BY LIMITING WHERE PLANTS CAN BE LOCATED.

THE JUDGE DID NOT AGREE, AND IN HIS RULING, ISSUED A PERMANENT INJUNCTION BARRING THE BAN FROM BEING ENFORCED ON THE HOBBY DISTILLERS’ ASSOCIATION.

THE DECISION WON’T TAKE EFFECT FOR TWO WEEKS – THE GOVERNMENT MAY SEEK TO APPEAL THE RULING. 

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