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

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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.

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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.

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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.

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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.

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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.

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Los Angeles, Ca

Long Beach to hold new pride festival after previous one canceled

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Long Beach to hold new pride festival after previous one canceled

Long Beach will hold a pride festival this weekend after the one they originally had scheduled was canceled.

Long Beach city officials said the celebration was nixed after the nonprofit that organizes it, Long Beach Pride, failed to submit the required information for an event permit. 

It was supposed to start on Friday and last through Sunday.

“Despite continued collaboration and multiple deadline notices, the City did not receive the required documentation needed to complete safety reviews, inspect critical event infrastructure, such as the stage, electrical systems and tent, and emergency exiting plans to ensure compliance with public safety standards,” the city of Long Beach said in a statement. “With event programming scheduled to begin on May 15 at 5 p.m. with Teen Pride and essential information still outstanding, there is no longer sufficient time to safely permit the festival this year.” 

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Officials noted that they were working to see if a “shortened event” could be held this weekend, and indeed, an agreement was reached to stage a one-day gathering on Sunday. 

Billed as “Canceled? Never Heard of Her!” and emceed by comedian and drag queen Jewels, it will still bring the city’s LGBTQ community together after Sunday morning’s Long Beach Pride Parade, which was not canceled.

“Long Beach Pride weekend is a culmination of celebrations put on by our community, including our many vibrant restaurants, bars and businesses, and that will never change,” Long Beach Mayor Rex Richardson said in a press release issued late Saturday night. “Along with the Pride Parade, we are proud to join the party with this new event that reaffirms what this City has always stood for: that every person belongs here.”

“The festival may have been canceled, but Long Beach drag artists don’t cancel joy,” added Jewels Long Beach.

The one-day “Canceled? Never Heard of Her!” festival will take place at Bixby Park from noon to 7 p.m. Sunday. A free event, it will include music by several performers and a drag show. 

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More information can be found here.  

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Los Angeles, Ca

L.A. Jewish institution among targets of foiled terrorist attack, U.S. officials say

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L.A. Jewish institution among targets of foiled terrorist attack, U.S. officials say

A Jewish institution in Los Angeles was among the locations targeted in a recently foiled terrorism plot, U.S. Attorney for the Southern District of New York Jay Clayton announced this week.

The thwarted terrorist attacks were the result of the recent arrest of Mohammad Baqer Saad Dawood Al-Saadi, an Iraqi national and senior member of Kata’ib Hizballah, U.S. officials said.

“Mohammad Baqer Saad Dawood Al-Saadi, a commander for the terrorist organization, Kata’ib Hizballah, faces serious charges for his role in numerous attacks against U.S. interests across the globe, including his efforts to kill on U.S. soil,” Clayton said. “As alleged, for years, Al-Saadi committed himself to furthering the terrorist goals of Kata’ib Hizballah and the IRGC, two terrorist organizations dedicated to harming the United States and its allies.”

Al-Saadi recently attempted to carry out attacks in the U.S., officials said, including attacks at Jewish cultural places of interest in New York, Los Angeles and Scottsdale, Ariz.

“Al-Saadi attempted to disrupt American society through intimidation and violence,” a press release from the U.S. Attorney’s Office reads. “… Those who engage in or support terrorism against Americans and on U.S. soil should take note:  the whole of the federal government is committed to dismantling terrorist organizations and bringing their members to justice.”

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In a three-month period, Al-Saadi allegedly directed 18 terrorist attacks throughout Europe, including bombings, arson, and assaults targeting American citizens and points of interest. Prior to his arrest, national security officials say he was planning similar attacks on U.S. soil. Assistant Attorney General for National Security John A. Eisenberg said that  Al-Saadi “presented a serious threat to our national security.”

The European attacks included the bombing of the Bank of New York Mellon, an American bank, in Amsterdam on March 15. On April 29, two Jewish men, one of whom was a dual U.S.-British citizen, were stabbed and seriously injured in London.

In 2020, Al-Saadi took to social media, calling for others to attack and kill Americans in retribution for the deaths of Iranian military officer Qasem Soleimani and Iraqi military commander Abu Mahdi al-Muhandis, U.S. officials said. In more recent months, Al-Saadi allegedly used social media to encourage the killing of Americans and Jews to further the terrorist goals of Kata’ib Hizballah and the Islamic Revolutionary Guard Corps.

“In or about February 2026, for example, AL-SAADI posted on one of his social media accounts a message in Arabic, which read in part, ‘Do not abandon the blood of your Imam of the time, oh Shiites of Iraq. Kill everyone who supports America and Israel. Do not leave any of them remaining. Civil and military targets, as well as voices of discord, kill them everywhere.’” U.S. officials said.

NYPD Commissioner Jessica S. Tisch confirmed that one of the U.S. targets was a Manhattan synagogue. On April 3, Al-Saadi allegedly spoke to an undercover law enforcement officer whom Al-Saadi believed could carry out attacks in the U.S. That same day, Al-Saadi allegedly texted the undercover officers photographs and maps showing the exact location of a prominent Jewish synagogue in New York City. 

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Officials have not said what specific locations in L.A. and Arizona were targeted by the terrorist group.

Al-Saadi now faces numerous charges for these crimes in U.S. court. If convicted, he could be sentenced to life in prison.

The case is under investigation by the FBI’s New York Joint Terrorism Task Force, which is comprised of investigators and analysts from the FBI, the NYPD, the FBI Washington Field Office, Counterterrorism Division, and more than 50 other federal, state, and local agencies. Investigators also received help from the Department of Justice’s National Security Division, Counterterrorism Section, the Office of International Affairs of the Justice Department’s Criminal Division, and U.S. Customs and Border Protection.

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Los Angeles, Ca

L.A. police shoot knife-wielding man during response to assault call 

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L.A. police shoot knife-wielding man during response to assault call 

A man armed with a knife was shot by L.A. police officers responding to an assault with a deadly weapon call overnight, authorities said. 

According to the Los Angeles Police Department, officers with the Hollenbeck Division responded to an apartment complex in the 3000 block of Glenn Avenue in Boyle Heights at 1:45 a.m. Saturday after callers reported a male suspect was armed with a knife and had just assaulted someone in the complex. 

Arriving officers found the suspect in front of the residence, but he did not comply with officers’ commands to drop the weapon. He then advanced toward the officers and an officer-involved shooting occurred, LAPD confirmed.

A man armed with a knife was shot by L.A. police officers responding to an assault with a deadly weapon call overnight, authorities said. Video obtained by KTLA shows the man being loaded into an ambulance. May 2026. (ANG)

“The suspect was struck by gunfire and remained non-compliant,” the LAPD Public Information Officer said on X early Saturday morning. “Officers deployed a 40mm foam round and ultimately took the suspect into custody.”

Video obtained by KTLA shows the man being loaded into an ambulance and taken to a hospital; officials said he was transported in stable condition, adding that his knife was recovered at the scene and booked as evidence. 

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No officers or community members were injured during the incident. The man’s name was not released. 

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