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.
The problem wasn’t the individual blowing themselves up, it’s the individual starting a massive fire that spreads to surrounding structures. That’s less of a problem with modern fire suppression and building materials, though, so what made sense 158 years ago probably isn’t as big of a concern.
I’m talking about people in this thread commenting like this reversal is going to cause massive fires tomorrow.
But to your point, the ban was never about safety, it was about tax collection.
It could definitely cause a massive fire someday. Some home brewer blows up in California during a drought and suddenly you’ve got another wildfire in an urban area.
… but it probably was about taxes. The US doesn’t give a shit about public safety.
I don’t see people complaining about houses in the US using flammable and dangerous natural gas for tons of things, including drying clothes for chrissake. You know, a process that occurs by itself if you just leave the clothes in the air for a bit.
Didn’t I already say it? The US doesn’t give a shit about public safety.
I’d be in favor of banning gas stoves and clothes dryers, but that would probably cause a civil war.
What about BBQs? You’ve got people, often drinking, handling things like propane canisters and burning charcoal while cooking objects that emit flammable oils in dry grass or right next to their home. It’s a recipe for disaster.
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.