A federal appeals court has struck down a Civil War-era prohibition against making spirits at home, ruling Friday that the longstanding federal restriction violates constitutional limits on congressional power.
The 5th U.S. Circuit Court of Appeals in New Orleans sided with the Hobby Distillers Association, a nonprofit organization, along with four individual members from its 1,300-person membership base.
The plaintiffs contended that Americans should have the right to produce distilled beverages in their homes for recreational purposes or personal use, including one member’s desire to craft a homemade apple-pie-vodka blend.
The prohibition dates back to legislation enacted during the Reconstruction period in July 1868, designed partly to combat tax evasion on alcoholic beverages. Violations carried penalties of up to five years imprisonment and $10,000 in fines.
In the majority opinion for the three-judge panel, Circuit Judge Edith Hollan Jones argued that the restriction actually diminished government tax collections by eliminating distillation activities entirely, contrasting it with regulatory measures on commercial spirit production that generate tax revenue.
Jones further noted that accepting the government’s reasoning could allow Congress to criminalize nearly any household activity that might evade tax oversight, including telecommuting and home-operated enterprises.
“Without any limiting principle, the government’s theory would violate this court’s obligation to read the Constitution carefully to avoid creating a general federal authority akin to the police power,” Jones stated in her written decision.
Neither the U.S. Department of Justice nor the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau provided immediate responses to requests for comment.
Devin Watkins, an attorney representing the hobby distilling organization, described the court’s decision as a significant ruling regarding federal power limitations during a post-ruling interview.
Andrew Grossman, who presented the nonprofit’s appellate arguments, characterized the outcome as “an important victory for individual liberty” that allows the plaintiffs to “pursue their passion to distill fine beverages in their homes.”
“I look forward to sampling their output,” Grossman added.
The appellate ruling affirmed a July 2024 decision by U.S. District Judge Mark Pittman in Fort Worth, Texas, though Pittman had temporarily suspended his ruling to allow for government appeals.
