Connect with us

Southwest

Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional

Published

on

Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional

A federal judge in Texas has ruled that an 1868 ban on at-home distilling is unconstitutional.

U.S. District Judge Mark Pittman, in his ruling on Wednesday, sided with the Hobby Distillers Association’s lawyers that the 156-year-old ban exceeded Congress’s taxing power and violated the U.S. Constitution’s Commerce Clause. The Hobby Distillers Association is a group that advocates legalizing a person’s production of spirits such as whiskey and bourbon for their personal consumption.

“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”

Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members. The judge also stayed his decision for 14 days to allow the government to seek a stay at the appellate court level.

ARIZONA RANCHER GEORGE ALAN KELLY HAS CHARGES DISMISSED IN MIGRANT SHOOTING CASE

Advertisement

A federal judge in Texas ruled that an 1868 ban on at-home distilling is unconstitutional. (iStock)

People who violate the at-home distilling ban could face up to $10,000 in fines or five years in prison.

Devin Watkins, a lawyer for the Texas-based hobby group at the libertarian think tank Competitive Enterprise Institute, told Reuters that the ruling “respects the rights of our clients to live under a government of limited powers.”

The hobby group, which represented the plaintiffs, and four of its 1,300 members filed a lawsuit in December against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice, saying that the government’s regulatory reach could not extend to activities within a person’s home.

The Alcohol and Tobacco Tax and Trade Bureau is a division of the Department of the Treasury that regulates and collects taxes on alcohol, while the Department of Justice can prosecute any felonies.

Advertisement

People who violate the at-home distilling ban could face up to $10,000 in fines or five years in prison. (AP Photo/Damian Dovarganes)

“This decision is a victory for personal freedoms and for federalism,” Competitive Enterprise Institute lawyer Dan Greenberg said. “We’re pleased to see that the court determined that the home distilling ban is unconstitutional – and that it blocked enforcement of the ban against our clients. More broadly, the court’s decision reminds us that, as Americans, we live under a government of limited powers.”

Pittman said that while three of the individual plaintiffs failed to prove they faced a credible threat of facing prosecution without an injunction, the group and one of its members, Scott McNutt, had carried their burden of showing they would be harmed if the ban was not blocked.

McNutt received an unsolicited letter from the Alcohol and Tobacco Tax and Trade Bureau that said he faced potential civil and criminal liability after it learned he may have purchased materials that could be used to distill spirits.

The Department of Justice claims the ban was a valid measure created by Congress to protect the substantial revenue the government raises from taxing distilled spirits by limiting where plants could be located.

Advertisement

TENNESSEE JUDGE DENIES RELEASE OF COVENANT SCHOOL SHOOTER’S WRITINGS TO THE PUBLIC

The Competitive Enterprise Institute filed a lawsuit in December against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice. (Luke Sharrett/Bloomberg via Getty Images)

Pittman, however, said the ban was not a valid practice of Congress’ taxing power because it did not raise revenue and “did nothing more than statutorily ferment a crime.”

“While prohibiting the possession of an at-home still meant to distill beverage alcohol might be convenient to protect tax revenue on spirits, it is not a sufficiently clear corollary to the positive power of laying and collecting taxes,” the judge wrote.

Advertisement

The judge said the ban on at-home distilling could also not be covered under Congress’ power to regulate interstate commerce. He said the ban is “not a ‘comprehensive’ scheme of regulation because there are many aspects of the alcohol industry that Congress has left untouched.”

“While the federal government has become more enthusiastic about inflating the scope of its powers over the last century, this case shows that there are limits to the government’s authority,” Watkins, the lawyer for the Texas-based hobby group at the libertarian think tank Competitive Enterprise Institut said in a statement. 

“If the government appeals this decision to a higher court, we look forward to illuminating those limits.”

Reuters contributed to this report.

Read the full article from Here

Advertisement
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Los Angeles, Ca

LADWP begins long-term repairs after West Hollywood water main rupture

Published

on

LADWP begins long-term repairs after West Hollywood water main rupture

Crews worked overnight on what is expected to be a long-term effort to clean up and repair a broken water main that caused extensive damage in West Hollywood on Thursday.

Yellow tape remained in place Friday morning, blocking streets around Sunset Boulevard and Holloway Drive as crews continued pumping water out of the century-old trunk line.

Asphalt and soil were also being removed so crews could get a better look at the damaged 36-inch trunk line, a major feeder pipe serving the area.

  • Aerial view of flooded streets in West Hollywood.
  • A sinkhole opened up on a sidewalk in West Hollywood following a water main break
  • Aerial view of flooded Metro buses.
  • Aerial view of flooded streets in West Hollywood.
  • Water floods out of an apartment in West Hollywood
  • A broken water main floods a parking garage in West Hollywood
  • Rushing floodwaters pushes parked cars together on a flooded West Hollywood street after a water main break.
  • Rushing floodwaters pushes parked cars together on a flooded West Hollywood street after a water main break.
  • Residents stand with luggage and a dog at the entrance to an apartment parking garage as floodwaters from a water main break rush through a West Hollywood street.
  • Rushing floodwaters pushes parked cars together on a flooded West Hollywood street after a water main break.
  • Rushing floodwaters pushes parked cars together on a flooded West Hollywood street after a water main break.
  • Rushing floodwaters pushes parked cars together on a flooded West Hollywood street after a water main break.
  • A broken water main floods the streets of West Hollywood

“First and foremost is our crews’ safety,” a Los Angeles Department of Water and Power spokesperson said Thursday. “When we excavate, we are going to have to make sure the area is safe before we send crews in to proceed and start the actual repairs on the pipe.”

The water main ruptured around 3 a.m. Thursday, sending thousands of gallons of water rushing through West Hollywood streets, flooding dozens of garages and pushing parked cars into one another.

A Metro bus yard was also flooded, leaving several buses partially submerged.

Advertisement

The force of the water washed away dirt and gravel supporting the roadway, creating a massive sinkhole on Sunset Boulevard and a smaller one near Palm Avenue, where two people fell in.

“I’m astounded by the massive sinkhole that has just opened up before our eyes,” KTLA’s Annie Rose Ramos reported Thursday from Palm Avenue.

The two men appeared to be uninjured.

As for the larger trunk line that burst beneath Sunset Boulevard, KTLA’s Carlos Herrera reported it was scheduled for replacement in 2031.

LADWP officials now hope to establish a repair timeline after getting a closer look at the damage Friday. For now, the intersection is expected to remain closed for anywhere from several days to several weeks.

Advertisement

The cause of the rupture remains under investigation.

Continue Reading

Los Angeles, Ca

Arrest made in deadly shooting at 4th of July gathering in Compton; search for 2nd suspect continues

Published

on

Arrest made in deadly shooting at 4th of July gathering in Compton; search for 2nd suspect continues

Los Angeles County Sheriff Robert Luna gave an update Thursday on several shootings over the Fourth of July weekend that left three people dead and several others injured.

Police arrested Antoine Jones, a 50-year-old man from the Los Angeles area, who they believe is responsible for the murder of a 19-year-old woman and the attempted murder of two additional surviving female victims who were attending a large community block party in Compton.

On July 4 at approximately 11:40 p.m., deputies from the Compton station responded to an apartment complex on the 700 block of West Laurel Street following reports of multiple people being shot.

Meah Bordenave-Jenkins, a 19-year-old nursing student at the University of Nevada, Las Vegas, was killed when gunfire broke out at the party.

Meah Bordenave-Jenkins and Eric Washington are pictured in a Los Angeles Sheriff’s Department bulletin. (LASD)

Deputies located Bordenave-Jenkins and the two other women suffering from gunshot wounds outside of the apartment complex.

Advertisement

“While today’s announcement represents an important step towards justice for Meah and her family, our work is very far from being over,” said LASD Sheriff Robert Luna.

The LASD is also seeking the public’s help in identifying those responsible for the murder of Eric Washington, 37, a beloved community activist and former government staffer, and the attempted murder of another surviving man injured that same night at the same party.

Washington was reportedly killed while trying to deescalate a conflict at the party, his family said. Deputies found victim Washington suffering from a gunshot wound inside the complex.

Investigators later learned that another man had also been shot at some point during the incident.

Bordenave-Jenkins and Washington both died from their injuries. The remaining victims, two women and a man, sustained non-life-threatening injuries and have been released from the hospital. They have not been identified by police.

Advertisement

Detectives determined the two shootings happened moments apart at the party but appear to be separate and unrelated.

  • 2 dead, 3 injured at Compton July 4 celebration
  • Compton fatal shooting
  • Compton fatal shooting
  • Compton fatal shooting
  • Compton fatal shooting
  • Compton fatal shooting
  • Compton fatal shooting
  • Compton fatal shooting
  • Compton fatal shooting
  • 2 dead, 3 injured at Compton July 4 celebration
  • 2 dead, 3 injured at Compton July 4 celebration
  • 2 dead, 3 injured at Compton July 4 celebration
  • 2 dead, 3 injured at Compton July 4 celebration
  • 2 dead, 3 injured at Compton July 4 celebration
  • 2 dead, 3 injured at Compton July 4 celebration
  • 2 dead, 3 injured at Compton July 4 celebration

Detectives identified Jones as the suspect responsible for Bordenave-Jenkins’ death and the attempted murder of the two surviving women. Authorities located Jones on July 14 in Los Angeles and took him into custody.

The LASD is still searching for the suspect or suspects responsible for the murder of Washington and the attempted murder of the surviving male victim.

“Although today’s arrest is significant, this investigation remains extremely active,” Luna said.

“There were hundreds of people at this gathering,” Luna said. “Somebody knows, somebody saw or somebody heard what happened.”

The LASD also announced they’re searching for a suspect in a separate shooting at a different Fourth of July gathering that occurred in the early morning of July 5.

Advertisement

At approximately 12:10 a.m., Compton deputies responded to the 2100 block of North Grandee Avenue, where they located a 30-year-old victim, Thaddeus Clark, and a second victim suffering from gunshot wounds at the gathering.

Clark, a father of three, did not survive his injuries, Luna said.

The LASD is urging anyone with information about Clark’s murder and the attempted murder of the surviving victim to contact the LASD Homicide Bureau.

Although these shooting incidents occurred at gatherings less than an hour apart, investigators found no evidence that the two were connected, Luna said.

Luna also announced three suspects have been arrested in connection with a shooting in East L.A. on July 5. It happened as crowds crossed the intersection near Whittier Boulevard and Leonard Avenue during a World Cup match.

Advertisement

Four people were hit by gunfire, including two men, one woman and a boy. None of the injuries were life-threatening.

The sheriff said the alleged shooter, a 15-year-old known gang member, was arrested. Two female suspects, ages 21 and 38, have been arrested in the Lancaster and Palmdale areas for their alleged roles in luring the primary victim to the location and assisting the shooting suspect in evading arrest.

They’re all facing four counts of attempted murder.

Advertisement
Continue Reading

Los Angeles, Ca

Water main break floods West Hollywood streets, traps cars

Published

on

Water main break floods West Hollywood streets, traps cars

A broken water main sent water gushing from an apartment building and turned nearby streets into rivers in West Hollywood early Thursday morning. The break was reported around 3 a.m. near Holloway Drive and Sunset Boulevard. “It’s a rupture of one of the significant mains that goes through here. West Hollywood, as it turns out, […]

Continue Reading
Advertisement

Trending