BOOZE NEWS: U.S. Court Appeals Home Distilling Ban
BOOZE NEWS: U.S. Court Appeals Home Distilling Ban
Finally, a court appeal to cheers to!
A U.S. appeals court (5th Circuit) ruled that a 158-year-old federal ban on home distilling is in fact, unconstitutional.
The original ban dates back to the Reconstruction era, 1868 preventing Americans from avoiding liquor tax evasion. However, Uncle Sam is now dealing with New Orleans’ Hobby Distillers Association, who argued that the law oversteps Congress’s taxing authority.
One ​Circuit Judge noted that the ban actually reduced tax revenue by preventing distilling in the first place. She also said the ban itself was rather flawed because with that logic, Congress could criminalize any in-home activity that might escape notice from tax collectors, like home-based businesses.
Now before you go and start creating your own toilet wine, this ruling only affects Texas, Louisiana, and Mississippi.
For now, us Hoosiers will have to still rely on our friend’s cousin from Kentucky’s backwoods ‘shine, but at least now we know there is hope!