In a significant legal victory for distilling hobbyists, a federal judge in North Texas has struck down several federal statutes that prohibited people from distilling certain types of alcohol at home.
The ruling resulted from a lawsuit filed by the Hobby Distiller’s Association (HDA). Based in Texas, HDA targeted the U.S. Food and Drug Administration, challenging the constitutionality of rules dating back to 1868 that imposed restrictions and penalties on home distilling, as detailed in a recent report by The Texan.
The 1868 law prohibits the establishment of distilling plants in residential areas or any locations where beer, wine, or other liquors are made or sold. Violations of the older law are classified as felonies, carrying penalties of fines up to $10,000, imprisonment for up to five years, or both for each offense committed.
HDA, which formed over a decade ago to advocate for the recognition of home distilling rights, celebrated the recent federal court decision as a pivotal moment for hobbyists.
While acknowledging a temporary stay on the ruling’s enforcement until July 24, pending appeals, the association expressed optimism that the decision would pave the way for legal clarity and support the presumed rights of those who enjoy brewing alcohol at home.
“WE WON! Yes, that is outstanding news for our fight and all of you who would like to distill legally,” HDA posted on Facebook.
“However, it was not 100% good news. First, the government may choose to appeal, and the judge stayed the ruling for 14 days to give the government time to do so. Second, this does not preclude individual states from making it illegal to distill at home as a hobby. Still, let’s take this as a huge win and a tremendous step forward!”
Judge Mark Pittman’s ruling highlighted discrepancies in the federal laws’ previous application, dismissing the government’s argument that the statutes were justified under the Commerce Clause of the U.S. Constitution.
The court’s decision also issued a permanent injunction against the Bureau of Alcohol, Tobacco, Firearms and Explosives, preventing it from enforcing these laws against HDA members.
The Dallas Express contacted HDA for further comment on the recent ruling, but the group did not respond by publication.