A new Assembly bill would enable bars who allow underage drinkers through their doors to sue them for it later. While touted as a tool to curb underage drinking, the bill is instead an irresponsible cost-shifting measure that bars would never realistically use. 

The proposed bill would allow establishments to bring a civil lawsuit against underage patrons whether or not police issued a criminal citation. The establishment would need to prove the underage person’s conduct constituted an underage violation and could use video footage and seize identification cards as evidence in court. 

Rep. Andrew Jaque, R-Bellevue, modeled the bill after an Alaskan state law passed in 2001. In lieu of the $1,000 Wisconsin penalty, the Alaskan statute also allows for individuals found guilty to attend an alcohol use reform program and pay a $300 fine. 

There is a basic flaw in the proposal that allows the bars, which have the power to choose who they let in, to sue those they illegally admit to their establishment. If the police bust and fine bars for serving liquor to an underage patron, bars then are able to pass on the cost of their inadequacies to those who are underage. 

It’s extremely unlikely that the statute would ever be used by establishments because the cost of hiring a lawyer and bringing a lawsuit would greatly outweigh the money they may receive from a kid with shallow pockets. Also, with the recent tort reforms, which eliminate minimum payments for lawyers in civil cases, very few lawyers would be willing to take these cases because their potential payoff would not be worth the work.

Finally, suing patrons is one of the worst public relations moves an establishment can make, especially for those who primarily serve students and other young adults. If a bar gets the reputation of suing its patrons, young adults are sure to stay away.

It is understandable that legislators want to give establishments all the resources possible to curb underage patrons, and the Tavern League of Wisconsin is never far behind with inane drinking legislation. The only effective part of the Alaskan statute which helps curb underage drinking: the choice of alcohol use reform program and $300 fine.

As it stands, the bill is only an cost-shifting measure masquerading as a solution to underage drinking. Bars should not be able to punish their patrons for their own institutional inadequacies. That should be left to the police.