Fake ID users could be subject to $1,000 lawsuits under a bill approved Tuesday by the Assembly.

The bill, which passed through a voice vote, allows bars and taverns the right to file civil lawsuits against underage persons in their establishments, imposing a maximum $1,000 fine in addition to covering legal expenses.

According to the bill, underage violations warranting a lawsuit include using false identification, possessing or consuming alcoholic beverages and buying or attempting to buy alcoholic beverages.

Lance Burri, spokesperson for bill sponsor Sen. Rick Gudex, R-Fond du Lac, said the bill would bring positive change to the underage drinking culture in Wisconsin.

Burri added the bill is modeled on a similar law in Alaska nicknamed the “Brown Jug” bill, but was inspired after the Green Bay Police Department contacted Rep. Andre Jacque, R-DePere, about underage drinking problems.

Andrea Kaminski, executive director of the League of Women Voters said the bill does not hold the vendors accountable for ensuring its patrons are at least 21-years-old which could increase underage drinking.

“What happens is that it lets [vendors] off the hook because if they make the mistake and sell alcohol to a minor then they can sue and collect money,” Kaminski said. “We just feel that an unscrupulous vendor needs that additional incentive not to sell alcohol to minors.”

Kaminski said she feels most support for the bill is coming from tavern owners, rather than the general public.

Listed lobbyists of the bill include the Tavern League of Wisconsin, the Milwaukee Police Association, Wisconsin Beer Distributors Association, Wisconsin Grocers Association, in addition to others.

Kaminski added the problem of underage drinking in Wisconsin should be a shared responsibility among the underage drinkers, their families and the vendors who serve them.

“This bill just takes the responsibility off of the people who serve alcohol to minors,” Kaminski said.

Associated Students of Madison Legislative Affairs Chair Morgan Rae said she is against the bill because it will not stop underage patrons from getting into bars, and it will allow bars to profit off underage patrons rather than truly combat underage drinking.

Rae added underage patrons often use false identification to get into clubs or bars with age restrictions for specific entertainment events, such as a concert, rather than going for alcohol alone.

“These students are missing out on some of the opportunities 21-year-olds partake in,” Rae said.

According to the bill, if underage patrons are minors, the lawsuit will fall upon their legal guardian, unless they have priorly been emancipated. 

Current law preventing underage drinking and retailers from selling to underage patrons would not change under the new bill, Burri said.

This bill is not expected to have a dramatic impact on Wisconsin since it is unlikely the lawsuits will happen often, Burri said.

Despite the fact the lawsuits are not expected to be a common occurrence, Burri said the bill provides establishments with another tool to combat underage drinking.

“It is also something that if the tavern owner knows they’ve got a problem with underage drinkers or people trying to come in if they are underage, they could post a sign saying ‘You are subject to a $1,000 civil fine’, and hopefully that alone would have an effect,” Burri said.