The Pitfalls of University Alcohol Consumption Policies
August 10, 2004
Michael Brill Newman - San Francisco
With a 21-year-old drinking age and many young people on their own for the first time, alcohol beverage consumption by students at colleges and universities presents unusual legal issues for both the industry and academic institutions. School officials are increasingly feeling pressure to “take action” to curb alcohol problems on campus. However, their actions are being called into question by the legal system.
Recently, the third U.S. Circuit Court of Appeals in Pitt News v. Pappert rejected a prohibition against student newspapers publishing alcohol beverage advertisements. The court ruled that a Pennsylvania law barring advertisements for alcohol beverages in college newspapers violates the U.S. Constitution's protections of free speech. The court found in favor of the Pitt News, a student newspaper at the University of Pittsburgh, which sued to prevent enforcement of the law. The court, in evaluating the advertising prohibition, noted that it was unlikely the ban would have any impact on the demand for alcohol beverages by students nor make it harder for students to locate stores near campus where they could purchase alcohol.
In another case, the chancellor of the University of Wisconsin, appalled at the increasing incidence of illegal drinking by students, took action. Working with local bars and restaurants, he negotiated an agreement with the retailers to prohibit discount drink promotions. The chancellor reasoned this would help reduce drinking by students at local nightspots that offered ladies’ nights, "drink till you sink" one-price specials, and other discounted promotions. What the chancellor did not expect was a lawsuit by students suing him and more than 20 local retailers for engaging in price-fixing.
Higher education officials are in a bind. The legal system - which the University of Wisconsin is grappling with as a defendant in a potential class action - is the same legal system that will seek to hold UW or any academic institution liable for damages if a student in the school’s care or custody injures or is injured as a result of unlawful or immoderate consumption. Whatever the result of this case, academic institutions will continue to face complex legal issues with their alcohol policies in the years to come.