A 158-year-old federal ban on home distilling in the United States has been declared unconstitutional by the 5th U.S. Circuit Court of Appeals in New Orleans, marking a historic win for hobbyists and personal liberty advocates.
The ruling, handed down on Friday, came in favor of the Hobby Distillers Association and four of its 1,300 members, who challenged the 1868 law originally enacted during Reconstruction to curb liquor tax evasion. Violators of the ban faced penalties of up to five years in prison and fines as high as $10,000.
Circuit Judge Edith Hollan Jones, writing for the three-judge panel, argued that the prohibition not only failed to generate tax revenue but also overstepped federal authority by criminalizing private activities without a clear constitutional basis.
Jones pointedly noted that the government’s logic could theoretically allow Congress to outlaw any in-home activity—like remote work or small businesses—that might evade taxation. She rejected this as an unchecked expansion of federal power akin to a general police authority, which the court must guard against.
The decision affirms a July 2024 ruling by U.S. District Judge Mark Pittman in Fort Worth, Texas, who had temporarily stayed his order to allow the government to appeal. Andrew Grossman, the attorney who argued the nonprofit’s case, hailed the outcome as a triumph for individual freedom. “This lets the plaintiffs pursue their passion to distill fine beverages in their homes,” Grossman said. “I look forward to sampling their output.”
Representing a range of enthusiasts, including one member crafting an apple pie vodka recipe, the Hobby Distillers Association underscored the personal and creative stakes of the case. Devin Watkins, a lawyer for the group, emphasized the broader implications of curbing federal overreach.
Neither the U.S. Department of Justice nor the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau provided immediate comment on the ruling. The decision clears a path for home distilling to emerge from the shadows, free from the threat of harsh penalties rooted in a post-Civil War tax scheme.
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