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

Jul 15

Lauren Taylor Anchor

By Lauren Taylor (Anchor), Evan Hummel (Producer), Jake Maslo (Anchor)

A ban on at-home distilling that has been in place since 1868 was ruled unconstitutional by a federal judge in Texas on Wednesday, July 11. The federal judge sided with a group that has been advocating for the legalization of at-home production of spirits such as whiskey and bourbon for their personal consumption.

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U.S District Judge Mark Pittman said that the 156-year-old ban went beyond the taxing power of U.S. Congress and that it violated the commerce clause.

The ruling was a win for Hobby Distillers, who filed a lawsuit against the U.S. government in December. The lawsuit argued that the government’s regulations did not apply to activities within their own homes.

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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 United State Justice Department said that the ban was needed to protect the revenue the government receives from taxing distilled spirits by limiting where plants can be located.

However, the federal judge did not agree. In his ruling, the judge issued a permanent injunction barring the ban from being enforced on the Hobby Distillers Association.

The decision reportedly will not take effect for two weeks while the U.S. government decides whether to appeal the ruling.

Tags: Alcohol, Capitol Hill, Commerce Department, Conservative, Constitution, Taxes, Texas

[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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