Dry county
Encyclopedia
A dry county is a county in the United States
whose government
forbids the sale of alcoholic beverage
s. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Hundreds of dry counties exist across the United States, almost all of them in the South
. A number of smaller jurisdictions also exist, such as cities, towns and townships, which prohibit the sale of alcoholic beverages. These are known as dry towns, dry cities or dry townships.
, that Amendment also specifically prohibits the selling or production of alcohol in violation of state laws. Some states after the repeal passed local option
laws granting counties and municipalities, either by popular vote or ordinance, the ability to decide for themselves whether to allow alcohol.
Many dry communities do not prohibit the mere consumption of alcohol, which could potentially cause a loss of profits and taxes from the sale of alcohol to their residents in "wet" (non-prohibition) areas. The rationale for maintaining prohibition on the local level often is religious in nature, as many Protestant Christian denomination
s discourage the consumption of alcohol by their followers (see Christianity and alcohol, sumptuary law
, and Baptists and Bootleggers). While state law does not allow for dry counties, similar laws designed to restrict the sale and consumption of alcohol also are common in the mostly LDS (Mormon) state of Utah
. Utah state law prohibits local jurisdictions from exercising control over liquor laws. An additional, more pragmatic intent of these laws often is to reduce alcohol consumption in that particular county (and the potential health, safety, and public order issues that can accompany it) by limiting the ease of acquiring it.
In particular, one state's ban on alcohol may not impede interstate commerce between states that permit it. The Supreme Court of the United States
held in Granholm v. Heald
that states do not have the power to regulate interstate shipments of alcoholic beverages. Therefore, it may be likely that city, county, or state legislation banning possession of alcoholic beverages by passengers of vehicles operating in interstate commerce (such as trains and interstate bus lines) would be unconstitutional, were passengers on such vehicles simply passing through the area.
For example, the Navajo Nation
has long forbidden alcohol. Even prior to Amtrak
, when Santa Fe Railway's
Super Chief
passed through, the bar closed for the duration of the transit, but the alcohol stayed on board.
. Almost one half of Mississippi
's counties are dry. Its alcohol laws are similarly complex. In Florida
, four of the 67 counties are dry, all of which are located in the northern part of the state, an area that has cultural ties to the Deep South
; the number had been five until 16 August 2011 when Suwannee County
voted by a margin of 7489 for becoming wet to 3612 for remaining dry and 7576 for sales by the package and drink to 2079 for sales by the package only.
suggested that residents of dry counties have to drive farther from their homes to consume alcohol, thus increasing impaired driving exposure. A study of Arkansas
noted that wet and dry counties are often adjacent and that alcohol beverage sales outlets are often located immediately across county or even on state lines. Other researchers have pointed to the same phenomenon. Winn and Giacopassi observed that residents of wet counties most likely have "shorter distances [to travel] between home and drinking establishments." From their study, Schulte and colleagues concluded that in dry counties "individuals are driving farther under the influence of alcohol, thus increasing their exposure to crashes."
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
whose government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
forbids the sale of alcoholic beverage
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
s. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Hundreds of dry counties exist across the United States, almost all of them in the South
Southern United States
The Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
. A number of smaller jurisdictions also exist, such as cities, towns and townships, which prohibit the sale of alcoholic beverages. These are known as dry towns, dry cities or dry townships.
History
Although the 21st Amendment repealed the prohibition of alcohol on the federal levelProhibition in the United States
Prohibition in the United States was a national ban on the sale, manufacture, and transportation of alcohol, in place from 1920 to 1933. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban, as well as defining which...
, that Amendment also specifically prohibits the selling or production of alcohol in violation of state laws. Some states after the repeal passed local option
Local Option
Local Option is a term used to describe the freedom whereby local political jurisdictions, typically counties or municipalities, can decide by popular vote certain controversial issues within their borders. In practice, it usually relates to the issue of alcoholic beverage sales...
laws granting counties and municipalities, either by popular vote or ordinance, the ability to decide for themselves whether to allow alcohol.
Many dry communities do not prohibit the mere consumption of alcohol, which could potentially cause a loss of profits and taxes from the sale of alcohol to their residents in "wet" (non-prohibition) areas. The rationale for maintaining prohibition on the local level often is religious in nature, as many Protestant Christian denomination
Christian denomination
A Christian denomination is an identifiable religious body under a common name, structure, and doctrine within Christianity. In the Orthodox tradition, Churches are divided often along ethnic and linguistic lines, into separate churches and traditions. Technically, divisions between one group and...
s discourage the consumption of alcohol by their followers (see Christianity and alcohol, sumptuary law
Sumptuary law
Sumptuary laws are laws that attempt to regulate habits of consumption. Black's Law Dictionary defines them as "Laws made for the purpose of restraining luxury or extravagance, particularly against inordinate expenditures in the matter of apparel, food, furniture, etc." Traditionally, they were...
, and Baptists and Bootleggers). While state law does not allow for dry counties, similar laws designed to restrict the sale and consumption of alcohol also are common in the mostly LDS (Mormon) state of Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
. Utah state law prohibits local jurisdictions from exercising control over liquor laws. An additional, more pragmatic intent of these laws often is to reduce alcohol consumption in that particular county (and the potential health, safety, and public order issues that can accompany it) by limiting the ease of acquiring it.
Transport
It once had been considered that, since the 21st Amendment repealed national prohibition, alcohol prohibition became a state police-power issue rather than a federal commerce-power one. States (and other sovereign territories) were assumed to have the power to regulate commerce with respect to alcohol traveling to, from, or through their jurisdictions. However, while the 21st Amendment does give states the power to ban alcohol, that power is not absolute.In particular, one state's ban on alcohol may not impede interstate commerce between states that permit it. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held in Granholm v. Heald
Granholm v. Heald
Granholm v. Heald, 544 U.S. 460 , was a court case decided by the Supreme Court of the United States in a 5-4 decision that ruled that laws in New York and Michigan that permitted in-state wineries to ship wine directly to consumers, but prohibited out-of-state wineries from doing the same, were...
that states do not have the power to regulate interstate shipments of alcoholic beverages. Therefore, it may be likely that city, county, or state legislation banning possession of alcoholic beverages by passengers of vehicles operating in interstate commerce (such as trains and interstate bus lines) would be unconstitutional, were passengers on such vehicles simply passing through the area.
For example, the Navajo Nation
Navajo Nation
The Navajo Nation is a semi-autonomous Native American-governed territory covering , occupying all of northeastern Arizona, the southeastern portion of Utah, and northwestern New Mexico...
has long forbidden alcohol. Even prior to Amtrak
Amtrak
The National Railroad Passenger Corporation, doing business as Amtrak , is a government-owned corporation that was organized on May 1, 1971, to provide intercity passenger train service in the United States. "Amtrak" is a portmanteau of the words "America" and "track". It is headquartered at Union...
, when Santa Fe Railway's
Atchison, Topeka and Santa Fe Railway
The Atchison, Topeka and Santa Fe Railway , often abbreviated as Santa Fe, was one of the larger railroads in the United States. The company was first chartered in February 1859...
Super Chief
Super Chief
The Super Chief was one of the named passenger trains and the flagship of the Atchison, Topeka and Santa Fe Railway. It was often referred to as "The Train of the Stars" because of the many celebrities who traveled on the streamliner between Chicago, Illinois and Los Angeles, California.The Super...
passed through, the bar closed for the duration of the transit, but the alcohol stayed on board.
Prevalence
A 2004 survey by the National Alcoholic Beverage Control Association found that over 500 municipalities in the United States are dry, including 83 in AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
. Almost one half of Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
's counties are dry. Its alcohol laws are similarly complex. In Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, four of the 67 counties are dry, all of which are located in the northern part of the state, an area that has cultural ties to the Deep South
Deep South
The Deep South is a descriptive category of the cultural and geographic subregions in the American South. Historically, it is differentiated from the "Upper South" as being the states which were most dependent on plantation type agriculture during the pre-Civil War period...
; the number had been five until 16 August 2011 when Suwannee County
Suwannee County, Florida
Suwannee County is a county located in the state of Florida. As of 2000, the population was 34,844. The U.S. Census Bureau 2005 estimate for the county was 38,624 . Its county seat is Live Oak, Florida. Suwannee County was a dry county until August, 2011.....
voted by a margin of 7489 for becoming wet to 3612 for remaining dry and 7576 for sales by the package and drink to 2079 for sales by the package only.
Criticism
Research has found that dry counties have higher proportions of alcohol-related traffic crashes than do wet counties. A study in KentuckyKentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
suggested that residents of dry counties have to drive farther from their homes to consume alcohol, thus increasing impaired driving exposure. A study of Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
noted that wet and dry counties are often adjacent and that alcohol beverage sales outlets are often located immediately across county or even on state lines. Other researchers have pointed to the same phenomenon. Winn and Giacopassi observed that residents of wet counties most likely have "shorter distances [to travel] between home and drinking establishments." From their study, Schulte and colleagues concluded that in dry counties "individuals are driving farther under the influence of alcohol, thus increasing their exposure to crashes."
See also
- List of dry communities by U.S. state
- List of alcohol laws of the United States by state
- Dry stateDry stateA dry state is a U.S. state in which alcohol manufacture or sale is prohibited or tightly restricted. In modern times, no state is completely 'dry'. However, during the temperance movement, many states 'went dry', culminating in nationwide prohibition. Some states, such as North Dakota, entered the...