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The Badger Herald

The Student News Site of University of Wisconsin-Madison

The Badger Herald

The Student News Site of University of Wisconsin-Madison

The Badger Herald

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Bars move forward to sue underage patrons

A bill that would allow alcohol vendors to sue underage patrons for $1,000 cleared its first step with unanimous passage in a state Assembly Committee Tuesday.

All nine legislators on the Assembly’s Committee on State Affairs approved the bill, leaving it available for scheduling for a full vote from the Assembly. The bill from Rep. Andr? Jacque, R-De Pere, would let alcohol vendors sue any underage patrons for $1,000, regardless of whether that person faced a citation from police.

“There is a consensus among Democrats and Republicans that drinking is an issue, both in purchasing underage and hosting,” Jacque said in an interview. “It is something that deserves a thorough response.”

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The bill was amended to drop the requirement that patrons pay the bars’ attorney fees, as lawmakers were concerned those unclear fees could end up costing thousands of dollars. The Tavern League of Wisconsin supported that change and supports the bill, which is modeled after a 2001 Alaska law that Jacque said was successful.

Currently, patrons can only face police fines of somewhere between $250 and $1,000. This bill would add the additional penalty from vendors that decide to sue patrons, even if they did not get a police citation.  

Parents of those under 18 years would be the subjects of the lawsuit, and vendors are still responsible for checking whether someone is of age.

Jacque said he expects a strong bipartisan vote in the Assembly before summer. The bill has not yet been scheduled for a committee hearing in the Senate, but Jacque said he expects that to happen before summer, as well.

Sen. Rick Gudex, R-Fond du Lac, a co-sponsor of the bill, said he thinks his colleagues in the Senate will approve the “common-sense” bill, his spokesperson Tim Lakin said in an email to The Badger Herald.

“The people who are trying to break the law, thus making those extra expenditures necessary, should bear some of the financial burden,” Lakin said. 

Maureen Busalacchi, Health First Wisconsin executive director, said in a written testimony two weeks ago the bill was on the “wrong path” for reducing underage drinking. She criticized the bill’s author for wanting to keep the $500 fine for bars that serve minors, compared to the $5,000 fine in Alaska, while increasing penalties on patrons. 

The Associated Students of Madison opposes the bill and has multiple campaigns on campus regarding the bill, ASM Legislative Affairs Committee Chair Dan Statter said. Statter said ASM is especially concerned with the bill allowing vendors to sue minors that police did not charge.

United Council of University of Wisconsin Students, a statewide organization that advocates for UW System students, is also discussing this bill weekly, Statter said.

Ald. Scott Resnick, District 8, said the bill takes a lot of responsibility away from alcohol vendors. He said the bill should, instead, focus on educating bars on how to enforce laws of scanning IDs and admitting patrons properly. 

“It is an unnecessary precaution,” Resnick said. “I think if the state were serious about changing drinking culture, it would focus on education rather than penalties.”

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