- cross-posted to:
- stupidpol@sh.itjust.works
- cross-posted to:
- stupidpol@sh.itjust.works
A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for Congress to exercise its power to tax.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members.
They argued that people should be free to distill spirits at home, whether as a hobby or for personal consumption including, in one instance, to create an apple-pie-vodka recipe.
The ban was part of a law passed during Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators to up to five years in prison and a $10,000 fine.
As I mentioned elsewhere, the problem is that there’d be a civil war if you tried to stop people from burning shit. There’s a compromise being made between public safety and the public’s appetite for regulatory restrictions.
But also, like I said, fire is less of a problem with modern fire suppression and building materials. I wonder if those propane grills would actually be legal if our cities were still built like they were 158 years ago. I also wonder if they’ll remain legal forever, or if increasing droughts and infrastructure decay will force bans in some cities.