The Independent View: Federal Judge Rules Home Distilling Ban Unconstitutional

A Federal Texas Judge sided with a Group of Distilling Advocates in Ruling that Federal Laws Banning People making their own Whiskey and Bourbon at Home are Unconstitutional.

The Judge issued a Permanent Injunction against the Enforcement of the Ban against the Hobby Distiller’s Association, but has allowed 14 days for the Government to respond.

U.S. District Judge Mark Pittman granted Relief to the Hobby Distiller's Association who were Plaintiffs in a Case against the Alcohol Tobacco Tax and Trade Bureau.

The Hobby Distiller’s Association is based in Texas and has an estimated 1,300 Members across the Country. The Group Advocates for the Legalization of Home-Distilling of Alcoholic Beverages.

The Plaintiffs had alleged that the Laws barring them from producing Alcohol for Personal Use, were Unconstitutional and the Judge agreed.

“Plaintiffs sued, alleging that these provisions are unconstitutional because they exceed Congress’s enumerated powers. Plaintiffs seek declaratory relief and a permanent injunction to prevent their enforcement against them,” said the Court Opinion.

Judge Pittman granted the Plaintiff's Request, declaring Two Statutes contributing to aHhome Distillery Ban were Unconstitutional.

“Accordingly, having advanced Plaintiffs’ motion to the merits, the Court GRANTS Plaintiffs’ request for relief (ECF No. 17) and DECLARES that 26 U.S.C. § 5601(6) and 26 U.S.C. § 5178(a)(1)(B) are UNCONSTITUTIONAL,” said Judge Pittman in the Court Opinion.

Judge Pittman reasoned that the Ban in the Law was Not a Valid Exercise of Congress’s Taxing Power. “Thus, Congress did nothing more than statutorily ferment a crime—without any reference to taxation, exaction, protection of revenue, or sums owed to the government,” Pittman wrote.

The Federal Government has an Interest in Preventing Home Distilleries because they could be missing out on Tax Revenues that they might otherwise be entitled to. However, Pittman Ruled that this consideration is Not enough to Enforce a Total Ban.

"While prohibiting the possession of an at-home still meant to distill beverage alcohol might be convenient to protect tax revenue on spirits, it is not a sufficiently clear corollary to the positive power of laying and collecting taxes," He wrote.

This Court Order, signed July 10th, will Prevent the U.S. Federal Government from Enforcing the Two Statutes Banning Home Distilleries. Now we wait for the Judge's Final Decision.