Repeal Day 2017

Happy Repeal Day!  On December 5, 1933, the 21st Amendment became effective when Utah became the 36th state to ratify it.  As a result, Prohibition, made possible by the 18th amendment, became a dead letter.  Celebration ensued:

It seems only natural that many bars and cocktail enthusiasts now celebrate Repeal Day with happy hours, special cocktails, or even full-on black-tie affairs.  (See my recent post on December cocktail events in D.C. for coverage of the Repeal Day bash at Jack Rose and the 10th annual gala put on by the D.C. Craft Bartenders Guild, for example.)

But wait!  The bars did not reopen on December 5, 1933, at least not everywhere.  Of particular interest to my D.C.-area history buffs, they did not reopen immediately in the District or Virginia.  As reported by the Washington Evening Star, Maryland “was busily engaged in arranging to go wet” pursuant to legislation that “went through its final steps in the Legislature in Annapolis” on December 4 and was presented to the governor for his signature the morning of Repeal Day.

But things were different in the District.  It remained subject to the Volstead Act, the legislation that gave force to Prohibition under the 18th Amendment:

The ending of the eighteenth amendment today finds Washington legally dry under the Volstead law, awaiting the assembling of Congress next month to consider liquor control legislation for the National Capital.

. . . .

The Volstead law continues in force in Washington under a recent ruling of Attorney General Cummings, who held that the national prohibition act will continue to be operative in the District and in the Territories until some action is taken by Congress.

It was Prohibition without Representation!  Nevertheless, District residents were not entirely without recourse.  The Evening Star went on to report that there was “reason to believe . . . that prosecuting officials will take the liberal attitude toward the matter and that residents bringing liquor into the District for their own personal use will not be in danger of any criminal prosecution.”

Thus, it seems reasonable to speculate that a least a few Repeal Day parties were held in the District that night, even if, as the Evening Star reported the next day, “the festivities [nationwide] seemed to lack the fervor some had forecast.”  (Perhaps the reporters weren’t invited to the right parties.)  And in any event, it seems more than fair to mark the occasion today.  Have fun out there!

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