‘Sop to the temperance movement’ under fire now
By Andrew M. Grossman & Robert Alt, Real Clear Wire
Ohioan John Ream is an accomplished aerospace engineer and brewery owner. He would like to try his hand at making Bourbon. However, federal law prohibits distilling spirited beverages at home. On Monday, he filed a petition in the Supreme Court of the United States asking it to hear his case, which raises important questions about the limits of federal power.
Home distilling is, of course, as American as apple pie, and certainly a lot older. George Washington’s Mount Vernon estate featured a distillery that, by 1799, was producing more than 10,000 gallons of whiskey per year. Nonetheless, Congress barred distilling inside any “dwelling house” or “shed, yard, or inclosure connected with a dwelling house” in what was, by all indications, a sop to the temperance movement. Later, Prohibition killed off what remained of craft spirits production.
The home-distilling ban ultimately survived both Prohibition and repeal, along with the distilled-spirits tax. Under the law, distilling, or even owning a set-up still, in a prohibited location like a home is punishable by fines, property forfeiture, and imprisonment. Given the draconian penalties, it’s little surprise that hobby distilling has floundered while craft brewing and small-batch winemaking, both of which the law allows, have flourished.