Prohibition

A police raid confiscating illegal alcohol, in Elk Lake, Canada, in 1925.

Prohibition is the legal act of prohibiting the manufacture, storage in barrels, bottles, transportation and sale of alcohol including alcoholic beverages. The term can also apply to periods in the histories of countries during which the prohibition of alcohol was enforced.

History

The Drunkard's Progress: A lithograph by Nathaniel Currier supporting the temperance movement, January 1846.

The earliest records of prohibition of alcohol date to the Xia Dynasty (ca. 2070 BC–ca. 1600 BC) in China. Yu the Great, the first ruler of the Xia Dynasty, prohibited alcohol throughout the kingdom.^[1] It was legalized again after his death, during the reign of his son Qi. Another record was in the Code of Hammurabi (ca.1772 BCE) specifically banning the selling of beer for money. It could only be bartered for barley: "If a beer seller do not receive barley as the price for beer, but if she receive money or make the beer a measure smaller than the barley measure received, they shall throw her into the water." (from Pearson textbook "Arts and Culture, An Introduction to the Humanities", Volume One, Fourth Edition, Benton & DiYanni, pg. 16).

In the early twentieth century, much of the impetus for the prohibition movement in the Nordic countries and North America came from moralistic convictions of pietistic Protestants.^[2] Prohibition movements in the West coincided with the advent of women's suffrage, with newly empowered women as part of the political process strongly supporting policies that curbed alcohol consumption.^[3][4]

The first half of the 20th century saw periods of prohibition of alcoholic beverages in several countries:

• 1907 to 1948 in Prince Edward Island,^[5] and for shorter periods in other provinces in Canada
• 1907 to 1992 in Faroe Islands; limited private imports from Denmark were allowed from 1928
• 1914 to 1925^[6] in Russian Empire and the Soviet Union
• 1915 to 1933 in Iceland (beer was still prohibited until 1989)^[7]
• 1916 to 1927 in Norway (fortified wine and beer also prohibited from 1917 to 1923)
• 1919 in the Hungarian Soviet Republic, March 21 to August 1; called szesztilalom
• 1919 to 1932 in Finland (called kieltolaki, "ban law")
• 1920 to 1933 in the United States

After several years, prohibition became a failure in North America and elsewhere, as rum-running became widespread and organized crime took control of the distribution of alcohol. Distilleries and breweries in Canada, Mexico and the Caribbean flourished as their products were either consumed by visiting Americans or illegally exported to the United States. Chicago became notorious as a haven for prohibition dodgers during the time known as the Roaring Twenties. Prohibition generally came to an end in the late 1920s or early 1930s in most of North America and Europe, although a few locations continued prohibition for many more years.

In some countries where the dominant religion forbids the use of alcohol, the production, sale, and consumption of alcoholic beverages is prohibited or restricted today. For example, in Saudi Arabia and Libya alcohol is banned; in Pakistan and Iran it is illegal with exceptions.^[8]

Asia

Afghanistan

Sale of Alcohol is banned in Afghanistan

Bangladesh

In Bangladesh, alcohol is generally prohibited due to its proscription in the Islamic faith. However, the purchase and consumption is allowed for non-Muslims in the country such as the Garo tribe who consume a type of rice beer. Additionally, Christians drink and purchase alcohol for their holy communion.

Brunei

In Brunei, alcohol consumption in public and sale of alcohol is banned. Non-Muslims are allowed to purchase a limited amount of alcohol from their point of embarkation overseas for their own private consumption, and non-Muslims who are at least the age of 18 are allowed to bring in not more than two bottles of liquor (about two litres) and twelve cans of beer per person into the country.

India

In India alcohol is a state subject and individual states can legislate prohibition, but currently most states do not have prohibition. Prohibition is in force in the states of Gujarat and Nagaland, parts of Manipur, and the union territory of Lakshadweep. The state of Kerala has placed some limitations on sale of alcohol. All other States and union territories of India permit the sale of alcohol.

Election days and Certain national holidays such as Gandhi Jayanti (birthdate of Mahatma Gandhi) are meant to be dry days when liquor sale is not permitted. The state of Andhra Pradesh had imposed Prohibition under the Chief Ministership of N. T. Rama Rao but this was thereafter lifted. Prohibition was also observed from 1996 to 1998 in Haryana. Some Indian states observe dry days on major religious festivals/occasions depending on the popularity of the festival in that region.

Iran

Since the 1979 Islamic Revolution, the sale and consumption of alcohol is banned in Iran

Maldives

The Maldives ban the import of alcohol, x-raying all baggage on arrival. Alcoholic beverages are available only to foreign tourists on resort islands and may not be taken off the resort.

Pakistan

Pakistan allowed the free sale and consumption of alcohol for three decades from 1947, but restrictions were introduced by Zulfikar Ali Bhutto just weeks before he was removed as prime minister in 1977. Since then, only members of non-Muslim minorities such as Hindus, Christians and Zoroastrians are allowed to apply for alcohol permits. The monthly quota is dependent upon one's income, but usually is about five bottles of liquor or 100 bottles of beer. In a country of 180 million, only about 60 outlets are allowed to sell alcohol. The Murree Brewery in Rawalpindi was once the only legal brewery, but today there are more. The ban officially is enforced by the country's Islamic Ideology Council, but it is not strictly policed. Members of religious minorities, however, often sell their liquor permits to Muslims as part of a continuing black market trade in alcohol.^[9]

Philippines

There are only restrictions during elections in the Philippines. Alcohol is prohibited to be bought two days prior to an election. The Commission on Elections may opt to extend the period of time of the liquor ban. In the 2010 elections, the liquor ban was on a minimum two days; in the 2013 elections, there was a proposal that it be extended to five days. This was overturned by the Supreme Court.

Other than election-related prohibition, alcohol is freely sold to anyone above the legal drinking age.

Thailand

Alcohol is prohibited from being sold during election time, from 6pm the day prior to voting, until the end of the day of voting itself. Alcohol is also prohibited on major Buddhist holy days, and sometimes on Royal Commemoration days, such as birthdays.

Kuwait

Kuwait ^[10] bans alcohol, only small quantities are available on the black market.

Saudi Arabia

Saudi Arabia ^[11] bans alcohol.

Yemen

Yemen ^[12] bans alcohol.

Europe

Czech Republic

On 14 September 2012, the government of the Czech Republic banned all sales of liquor with more than 20% alcohol. From this date on it was illegal to sell (and/or offer for sale) such alcoholic beverages in shops, supermarkets, bars, restaurants, gas stations, e-shops etc. This measure was taken in response to the wave of methanol poisoning cases resulting in the deaths of 18 people in the Czech Republic.^[13] Since the beginning of the "methanol affair" the total number of deaths has increased to 25. The ban was to be valid until further notice,^[14] though restrictions were eased towards the end of September.^[15] The last bans on Czech alcohol with regard to the poisoning cases were lifted on 10 October 2012, when neighbouring Slovakia and Poland allowed its import once again.^[16]

Nordic countries

The Nordic countries, with the exception of Denmark, have had a strong temperance movement since the late 1800s, closely linked to the Christian revival movement of the late 19th century, but also to several worker organisations. As an example, in 1910 the temperance organisations in Sweden had some 330,000 members,^[17] which was 6% of a population of 5.5 million.^[18] Naturally, this heavily influenced the decisions of Nordic politicians in the early 20th century.

Already in 1907, the Faroe Islands passed a law prohibiting all sale of alcohol, which was in force until 1992. However, very restricted private importation from Denmark was allowed from 1928.

In 1914, Sweden put in place a rationing system, the Bratt System, in force until 1955. However a referendum in 1922 rejected an attempt to enforce total prohibition.

In 1915, Iceland instituted total prohibition. The ban for wine and spirits was lifted in 1935, but beer remained prohibited until 1989.

In 1916, Norway prohibited distilled beverages, and in 1917 the prohibition was extended to also include fortified wine and beer. The wine and beer ban was lifted in 1923, and in 1927 the ban of distilled beverages was also lifted.

In 1919, Finland enacted prohibition, as one of the first acts after independence from the Russian Empire. Four previous attempts to institute prohibition in the early 20th century had failed due to opposition from the tsar. After a development similar to the one in the United States during its prohibition, with large-scale smuggling and increasing violence and crime rates, public opinion turned against the prohibition, and after a national referendum where 70% voted for a repeal of the law, prohibition was ended in early 1932.^[19][20]

Today, all Nordic countries (with the exception of Denmark) continue to have strict controls on the sale of alcohol which is highly taxed (dutied) to the public. There are government monopolies in place for selling spirits, wine and stronger beers in Norway (Vinmonopolet), Sweden (Systembolaget), Iceland (Vínbúðin), the Faroe Islands (Rúsdrekkasøla landsins) and Finland (Alko). Bars and restaurants may, however, import alcoholic beverages directly or through other companies.

Greenland, which is part of the kingdom of Denmark does not share its easier controls on the sale of alcohol.^[21]

Russian Empire and Soviet Union

In the Russian Empire, a limited version of a Dry Law was introduced in 1914.^[22] It continued through the turmoil of the Russian Revolution of 1917 and the Russian Civil War into the period of Soviet Russia and the Soviet Union until 1925.

United Kingdom

Although the sale or consumption of commercial alcohol has never been prohibited by law, historically various groups in the UK have campaigned for the prohibition of alcohol, including the Society of Friends (Quakers), The Methodist Church and other non-conformist Christians, as well as temperance movements such as Band of Hope and temperance Chartist movements of the 19th century.

Formed in 1853 and inspired by the Maine law in the USA, the United Kingdom Alliance aimed at promoting a similar law prohibiting the sale of alcohol in the UK. This hard-line group of prohibitionists was opposed by other temperance organisations who preferred moral persuasion to a legal ban. This division in the ranks limited the effectiveness of the temperance movement as a whole. The impotence of legislation in this field was demonstrated when the Sale of Beer Act 1854 which restricted Sunday opening hours had to be repealed, following widespread rioting. In 1859 a prototype prohibition bill was overwhelmingly defeated in the House of Commons.^[23]

North America

Canada

An official, but non-binding, federal referendum on prohibition was held in 1898. Prime Minister Wilfrid Laurier's government chose not to introduce a federal bill on prohibition, mindful of the strong antipathy in Quebec. As a result, Canadian prohibition was instead enacted through laws passed by the provinces during the first twenty years of the 20th century. The provinces repealed their prohibition laws, mostly during the 1920s.

Mexico

Zapatista Communities often ban alcohol as part of a collective decision. This has been used by many villages as a way to decrease domestic violence and has generally been favored by women.^[24] However, this is not recognized by federal Mexican law as the Zapatista movement is strongly opposed by the federal government.

The sale and purchase of alcohol is prohibited on and the night before certain national holidays, such as Natalicio de Benito Juárez (birthdate of Benito Juárez) and Día de la Revolución, which are meant to be dry nationally. The same "dry law" applies to the days before presidential elections every six years.

United States

This 1902 illustration from the Hawaiian Gazette shows the Anti-Saloon League and the Women's Christian Temperance Union's campaign against beer brewers. The "water cure" was a torture which was in the news because of its use in the Philippines.

Prohibition focused on the manufacture, transportation, and sale of alcoholic beverages; however, exceptions were made for medicinal and religious uses. Alcohol consumption was never illegal under federal law. Nationwide prohibition did not begin in the United States until January 1920, when the Eighteenth Amendment to the U.S. Constitution went into effect, and was repealed in 1933, with the ratification of the Twenty-first Amendment.

Concern over excessive alcohol consumption began during the American colonial era, when fines were imposed for drunken behavior and for selling liquor without a license.^[25] In the eighteenth century, when drinking was a part of everyday American life, Protestant religious groups, especially the Methodists, and health reformers, including Benjamin Rush and others, urged Americans to curb their drinking habits for moral and health reasons. In particular, Benjamin Rush believed Americans were drinking hard spirits in excess, so he created "A Moral and Physical Thermometer," displaying the progression of behaviors caused by the consumption of various alcohols. By the 1840s the temperance movement was actively encouraging individuals to reduce alcohol consumption. Many took a pledge of total abstinence (teetotalism) from drinking distilled liquor as well as beer and wine. Prohibition remained a major reform movement from the 1840s until the 1920s, when nationwide prohibition went into effect, and was supported by evangelical Protestant churches, especially the Methodists, Baptists, Presbyterians, Disciples of Christ, and Congregationalists. Kansas and Maine were early adopters of statewide prohibition. Following passage of the Maine law, Delaware, Ohio, Illinois, Rhode Island, Minnesota, Massachusetts, Connecticut, Pennsylvania, and New York, among others, soon passed statewide prohibition legislation; however, a number of these laws were overturned.^[25]

As temperance groups continued to promote prohibition, other groups opposed increased alcohol restrictions. For example, Chicago's citizens fought against enforcing Sunday closings laws in the 1850s, which included mob violence. It was also during this time when patent medicines, many of which contained alcohol, gained popularity. During the American Civil War efforts at increasing federal revenue included imposition of taxes on liquor and beer. The liquor industry responded to the taxes by forming an industry lobby, the United States Brewers Association, that succeeded in reducing the tax rate on beer from $1 to 60 cents. The Women's Crusade of 1873 and the Women's Christian Temperance Union (WCTU), founded in 1874, "marked the formal entrance of women into the temperance movement."^[25] It was also the first time that women had organized and acted together politically, using their influence to fight against the drunken culture of the time. Organizations such as the Women's Christian Temperance Movement would set the stage for women to organize and demand political action as a group with common interests and common goals.^[26] The WCTU and the Prohibition Party, organized in 1869, remained major players in the temperance movement until the early twentieth century, when the Anti-Saloon League, formed in 1895, emerged as the movement's leader.^[25]

Between 1880 and 1890, although several states enacted local option laws that allowed counties or towns to go dry by referendum, only six states had statewide prohibition by state statute or constitutional amendment. The League, with the support of evangelical Protestant churches including the Episcopalians and Lutherans, and other Progressive-era reformers continued to press for prohibition legislation. Opposition to prohibition was strong in America's urban industrial centers, where a large, immigrant, working-class population generally opposed it, as did Jewish and Catholic religious groups. In the years leading up to World War I, nativism, American patriotism, distrust of immigrants, and anti-German sentiment became associated with the prohibition movement. Through the use of pressure politics on legislators, the League and other temperance reformers achieved the goal of nationwide prohibition by emphasizing the need to destroy the moral corruption of the saloons and the political power of the brewing industry, and to reduce domestic violence in the home. By 1913 nine states had stateside prohibition and thirty-one others had local option laws in effect, which included nearly fifty percent of the U.S. population. At that time the League and other reformers turned their efforts toward attaining a constitutional amendment and grassroots support for nationwide prohibition.^[25]

In December 1917, after two previous attempts had failed (one in 1913; the other in 1915), Congress approved a resolution to submit a constitutional amendment on nationwide prohibition to the states for ratification.^[27] The new constitutional amendment prohibited "the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes".^[28] On January 8, 1918, Mississippi became the first state to ratify the amendment, and on January 16, 1919, Nebraska became the thirty-sixth state to ratify it, assuring is passage into federal law.^[25] On October 28, 1919, Congress passed the National Prohibition Act, also known as the Volstead Act, which provided enabling legislation to implement the Eighteenth Amendment.^[29] When the National Prohibition Act was passed on October 28, 1919, thirty-three of the forty-eight states were already dry. Congress ratified the Eighteenth Amendment on January 16, 1920, and nationwide prohibition began on January 17, 1920.^[25]

During the first years of Prohibition, the new federal law was enforced in regions such as the rural South and western states, where it had popular support; however, in large urban cities and in small industrial or mining towns, residents defied or ignored the law.^[25] The Ku Klux Klan was a major supporter of the Prohibition and once it was passed they helped with the enforcement of it. For example, in 1923, Klansmen traded pistol shots with bootleggers, burned down roadhouses, and whipped liquor sellers, and anybody else who broke the moral code.^[30] The Prohibition was effective in reducing per-capita consumption, and consumption remained lower for a quarter-century after Prohibition had been repealed.^[31] Sale of alcoholic beverages remained illegal during Prohibition, but alcoholic drinks were still available. Large quantities of alcohol were smuggled into the United States from Canada, over land, by sea routes along both ocean coasts, and through the Great Lakes. While the federal government cracked down on alcohol consumption on land within the United States, it was a different story along the U.S. coastlines, where vessels outside the 3-mile limit were exempt. In addition, home brewing was popular during Prohibition. Malt and hops stores popped up across the country and some former breweries turned to selling malt extract syrup, ostensibly for baking and beverage purposes.

Prohibition became increasingly unpopular during the Great Depression. Some believe that the demand for increased employment and tax revenues during this time brought an end to Prohibition. Others argue it was the result the economic motivations of American businessmen as well as the stress and excesses of the era that kept it from surviving, even under optimal economic conditions.^[25]

Repeal

The repeal movement was initiated and financed by the Association Against the Prohibition Amendment, who worked to elect Congressmen who agreed to support repeal. The group's wealthy supporters included John D. Rockefeller, Jr., S. S. Kresge, and the Du Pont family, among others, who had abandoned the dry cause.^[25] Pauline Sabin, a wealthy Republican who founded the Women's Organization for National Prohibition Reform (WONPR), argued that Prohibition should be repealed because it made the United States a nation of hypocrites and undermined its respect for the rule of law. This hypocrisy and the fact that women had initially led the prohibition movement convinced Sabin to establish the WONPR. Their efforts eventually led to the repeal of prohibition.^[32][33]

Prescription form for medicinal liquor

When Sabin's fellow Republicans would not support her efforts, she went to the Democrats, who switched their support of the dry cause to endorse repeal under the leadership of liberal politicians such as Fiorello La Guardia and Franklin D. Roosevelt. Sabin and her supporters emphasized that repeal would generate enormous sums of much-needed tax revenue, and weaken the base of organized crime.

Repeal of Prohibition was accomplished with the ratification of the Twenty-first Amendment on December 5, 1933. Under its terms, states were allowed to set their own laws for the control of alcohol. Following repeal, public interest in an organized prohibition movement dwindled. However, it survived for a while in a few southern and border states.^[32][33] To this day, however, there are still counties and parishes within the US known as "dry", where the sale of liquor (whiskey, wine) -not beer- is prohibited; several such municipalities have adopted liquor-by-the-drink, however in order to expand tax revenue.^[34]

Al Capone

Al Capone was the most notorious gangster of his generation. Born on January 17, 1899 in Brooklyn, New York; Capone settled in Chicago to take over Johnny Torrio's business dealing with outlawed liquor. Within three years, Capone had nearly 700 men at his disposal. As the profits came in, Capone acquired finesse—particularly in the management of politicians. By the middle of the decade, he had gained control of the suburb of Cicero, and had installed his own mayor. Capone's rise to fame did not come without bloodshed. Rival gangs, such as the Gennas and the Aiellos, started wars with Capone, eventually leading to a rash of killings of proportions. In 1927, Capone and his gang were pulling in approximately $60 million per year- most of it from beer. Capone not only controlled the sale of liquor to over 10,000 speakeasies, but he also controlled the supply from Canada to Florida. Capone was imprisoned for tax violations and died January 25, 1947, from a heart attack and pneumonia.^[35]

South America

Venezuela

In Venezuela, twenty-one hours before every election, the government prohibits the sale and distribution of alcoholic beverages throughout the national territory, including the restriction to all dealers, liquor stores, supermarkets, restaurants, wineries, pubs, bars, public entertainment, clubs and any establishment that markets alcoholic beverages.^[36] This is done to prevent violent alcohol induced confrontations because of the high political polarization. The same is done during the holy week as a measure to reduce the alarming rate of road traffic accidents during these holidays.^[37]

Oceania

Australia

More recently, alcohol has been prohibited in many remote indigenous communities. Penalties for transporting alcohol into these "dry" communities are severe and can result in confiscation of any vehicles involved; in dry areas within the Northern Territory, all vehicles used to transport alcohol are seized.

New Zealand

In New Zealand, prohibition was a moralistic reform movement begun in the mid-1880s by the Protestant evangelical and Nonconformist churches and the Woman's Christian Temperance Union and after 1890 by the Prohibition League. It assumed that individual virtue was all that was needed to carry the colony forward from a pioneering society to a more mature one, but it never achieved its goal of national prohibition. However, both the Church of England and the largely Irish Catholic Church rejected prohibition as an intrusion of government into the church's domain, while the growing labor movement saw capitalism rather than alcohol as the enemy.^[38][39]

Reformers hoped that the women's vote, in which New Zealand was a pioneer, would swing the balance, but the women were not as well organized as in other countries. Prohibition had a majority in a national referendum in 1911, but needed a 60% vote to pass. The movement kept trying in the 1920s, losing three more referenda by close votes; it managed to keep in place a 6pm closing hour for pubs and Sunday closing. The Depression and war years effectively ended the movement.^[38][39]

Elections

In many countries in Latin America, the Philippines, Turkey and several US states, the sale but not the consumption of alcohol is prohibited before and during elections.^[40][41]

See also

Notes

References

• Susanna Barrows, Robin Room, and Jeffrey Verhey (eds.), The Social History of Alcohol: Drinking and Culture in Modern Society (Berkeley, Calif: Alcohol Research Group, 1987)
• Susanna Barrows and Robin Room (eds.), Drinking: Behavior and Belief in Modern History University of California Press, (1991)
• Jack S. Blocker, David M. Fahey, and Ian R. Tyrrell eds. Alcohol and Temperance in Modern History: An International Encyclopedia 2 Vol. (2003)
• JS Blocker, Jr. "Did prohibition really work? Alcohol prohibition as a public health innovation." Am J Public Health. 2006 Feb;96(2):233-43. Epub 2005 27 December.
• Ernest Cherrington, ed., Standard Encyclopaedia of the Alcohol Problem 6 volumes (1925–1930), comprehensive international coverage to late 1920s
• Jessie Forsyth Collected Writings of Jessie Forsyth 1847-1937: The Good Templars and Temperance Reform on Three Continents ed by David M. Fahey (1988)
• Gefou-Madianou. Alcohol, Gender and Culture (European Association of Social Anthropologists) (1992)
• Dwight B. Heath, ed; International Handbook on Alcohol and Culture Greenwood Press, (1995)
• Max Henius Modern liquor legislation and systems in Finland, Norway, Denmark and Sweden (1931)
• Max Henius The error in the National prohibition act (1931)
• Kobler, John. Capone: The Life and World of Al Capone. Cambridge: Da Capo Press, 1971.
• Moore, Lucy. Anything Goes: A Biography of the Roaring Twenties. New York: Overlook Press, 1970.
• Patricia Herlihy; The Alcoholic Empire: Vodka & Politics in Late Imperial Russia Oxford University Press, (2002)
• Daniel Okrent. Last Call; The Rise and Fall of Prohibition. New York: Scribner, 2010.
• Sulkunen, Irma. History of the Finnish Temperance Movement: Temperance As a Civic Religion (1991)
• Tyrrell, Ian; Woman's World/Woman's Empire: The Woman's Christian Temperance Union in International Perspective, 1880-1930 U of North Carolina Press, (1991)
• Mark Thornton, "Alcohol Prohibition was a Failure," Policy Analysis, Washington DC: Cato Institute, 1991.
• Mark Thornton, The Economics of Prohibition, Salt Lake City, UT: University of Utah Press, 1991.
• White, Helene R. (ed.), Society, Culture and Drinking Patterns Reexamined (New Brunswick, N.J.: Rutgers Center of Alcohol Studies, 1991).
• White, Stephen.Russia Goes Dry: Alcohol, State and Society (1995)
• Robert S. Walker and Samuel C. Patterson, OKLAHOMA GOES WET: THE REPEAL OF PROHIBITION (McGraw-Hill Book Co. Eagleton Institute Rutgers University 1960).
• Samuel C. Patterson and Robert S. Walker, "The Political Attitudes of Oklahoma Newspapers Editors: The Prohibition Issue," The Southwestern Social Science Quarterly (1961)
• Farness, Kate, "One Half So Precious", Dodd, Mead, and Company, (1995)