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Published - Thursday, June 19, 2008

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Local action on drink specials still on ice


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La Crosse will continue to shelve any efforts to limit drink specials, despite a May Wisconsin Supreme Court ruling that shut down price fixing charges against Madison taverns.

The city’s Alcohol Oversight Committee agreed this week to wait out the verdict in a corresponding lawsuit filed in federal district court.
Local officials said they didn’t want to invite a lawsuit by eliminating drink specials or encouraging taverns to do so before the federal court has its say.

“At least right now, get a preliminary decision from the trial level court to make sure there are not inconsistencies that need to be addressed,” City Attorney Stephen Matty said, adding he had expected a decision by now.

The city has played wait and see for years, since three University of Wisconsin-Madison students accused establishments of conspiring to raise prices.

Two dozen Madison taverns banded together to bar drink specials after 8 p.m. on Fridays and Saturdays to avoid regulation by the city.

The state’s high court ultimately dismissed the suit. The bars were immune from anti-trust laws because they acted under extreme pressure from the city of Madison to police themselves or face regulation by the city, Justice David Prosser wrote for the court.

Municipalities are likewise protected in regulating specials because they are acting in the extreme interest of public health and safety, Prosser wrote.

Committee member Dorothy Lenard said regardless, “we would rather see the taverns self-regulate.”

If the Madison bars prevail in federal court, La Crosse would be in a better position to push for bars’ self-regulation, she said.

Developing an ordinance or requesting voluntary compliance to eliminate all late-night drink specials is among the city’s recommendations to curb binge drinking.

The list was formulated after University of Wisconsin-La Crosse student Jared Dion drowned in the Mississippi River in 2004.

Lenard said since that incident — and the drowning of UW-L basketball player Luke Homan two years later — some establishments have pulled back on offering drink specials.

“I did see a lot less of the $5-all-you-can drink signs up as you drive through town,” she said. “I think they have kind of responded to the idea that binge drinking is harmful.”

Samantha Marcus can be reached at (608) 791-8220 or smarcus@lacrossetribune.com.
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Im Still Jackson wrote on Jun 23, 2008 10:09 AM:

" You can tell that the ones complaining know nothing about drinking!You will never be able to stop the PHD's (poor helpless drunks) for they are weak minded to begin with and get that way by running away from life and its REALITY. Now us seasoned pros we drink for many reasons and most of the time getting drunk isnt one of them.Here in NC its 5 bucks a shot or 4 bucks a beer. If you want a double shot its 9 bucks PERIOD. There are very few specials and sprawl makes a person have to commute long distances and still you have many DRUNKS here who spend alot of money to get that way.! If Lax joined these guidelines on pricing like in The Carolinas all that would change would be their profits going way up. Alcohol is cheap to entise the Gambling machines in LaX. "

wiseup wrote on Jun 20, 2008 12:08 AM:

" ALL house parties should be banned because the drowners attended unsupervised binge drinking parties BEFORE they set foot downtown. So what if that means responsible legal drinkers rights to host house parties are violated by banning them to save and keep healthy the citizens. Maybe ban granny from taking a nip at home too, especially if she's a smoker too! "

ana_blic wrote on Jun 19, 2008 6:20 PM:

" Have any of you been out for one of these all you can drink specials? The "mixed drinks" are glorified Kool Aid and you'd surely get a sugar high before you got so inebriated you couldn't remember your name. The small beers may get you drunk eventually, but only after you wait at the overcrowded bar for refill after refill. AYCD special or not, when most young people go out downtown, they plan on going to more than one bar. I've been to many of the specials -- got my $5 worth and that was about it. When I've gotten highly intoxicated, it wasn't because I could drink cheaply or because there were bars serving alcohol. I made the choice. House parties are also a form of AYCD and usually end up cheaper than going downtown (no tipping); should the city ban those too? "

elocs wrote on Jun 19, 2008 5:16 PM:

" mby: "I do however agree that the specials are not to invite people to drink more, it's to get them into a bar." Get them into the bar to do what.....? Could that possibly be get them into the bar to buy drinks? Hmmm, I wonder? And then we have that one trick pony: PERSONAL RESPONSIBILITY--END OF STORY, PERSONAL RESPONSIBILITY--END OF STORY! Ha! Ha! Thus saith the Lord. He has spoken. END OF STORY. "

Mack wrote on Jun 19, 2008 4:14 PM:

" OnaRes has the yips, again. "

OnaRes wrote on Jun 19, 2008 3:30 PM:

" Again.....PERSONNAL RESPONSIBILITY.........END OF STORY, excpet for those people who believe the government should step in and control everything. With that mentality it will not be long before we see posters stating "BIG BROTHER IS WATCHING". "

Mack wrote on Jun 19, 2008 1:48 PM:

" We cannot even get bars to comply with income and social security tax laws. Give it up, they're special. "

kbg23 wrote on Jun 19, 2008 12:41 PM:

" BLAH BLAH BLAH BLAH BLAH. Every day, this is all this paper writes about. I would challenge the Trib to go ONE day without an alcohol article. It's not the devil! "

mby wrote on Jun 19, 2008 11:42 AM:

" wow, to all the comments. I do however agree that the specials are not to invite people to drink more, it's to get them into a bar. And who are we really talking about that have these specials? Library, Brothers, etc. It's for the college kids, and with or without specials they are going to binge drink. They are not experienced or aware or care about the affects of binge drinkning. Some of that is learning, it's how we as humans learn. Trial and error. So don't beat up the buisness, work more on education. If you can stop a binge drinker in college you may have saved a binge drinker in adult hood. "

wiseup wrote on Jun 19, 2008 10:57 AM:

" There is NO ONE to cut off the drinker at their house or anywhere else they choose to drink EXCEPT at a tavern. LaCrosse has already written dozens of crappy tickets that were dismissed, unlawfully targeted legal businesses based on geography, thrown out due process and probable cause and came up with new ordinances based on unelected committees AND NOT THE PUBLIC'S VOTES! Dwindling interest, hypocrites making rules and lawsuits against the city means DISBAND the commission NOW! "

wiseup wrote on Jun 19, 2008 10:48 AM:

" Certainly alcohol CAN be a problem. That was true for thousands of years. No society has been able to control the irresponsible drinker and neither will some group of UNELECTED Committee members in zip code 54601! YOU blame the bars but the truth is the cheapest alcohol and tobacco is on every good street corner. LaCrosse got more alcoholics and smokers thanks to allowing Qwik Trip and all the grocery stores to take over the sales of both LEGAL products. Bars aren't the problem, hypocrites like the committee member that got busted, and biased media are the problem. Til YOU stop accepting ads for alcohol and tobacco, there should not be one more slanted story or editorial re alcohol or tobacco! "

OnaRes wrote on Jun 19, 2008 10:26 AM:

" I would like to thank elocs and MACK for the education in the effects of alcohol. Your argument is pointless. As turbocharged stated, if you know your judgement becomes cloudy after a couple of drinks know when to say when. A bartender does not force people to consume alcohol, the patron in the bar makes that decision. That is what is called personnal responsibility. And again END OF STORY. "

Seriously Now wrote on Jun 19, 2008 10:15 AM:

" Hey elocs: Take this advice: don't bother trying to argue points with drunks. It never works. I'm surprised some of these people can even type. "

Mack wrote on Jun 19, 2008 9:28 AM:

" Personal responsibility deteriorates rapidly when drinking and society pays the price. "

turbocharged wrote on Jun 19, 2008 9:18 AM:

" Elocs- the purpose of the specials is not to get people to drink more, its to get people INTO the establishment. Any buisness can run, sales/specials to get people to come to their place and spend some money. Whether the beer costs 1.00 or 3.50, if someone wants to get drunk, they will. Those of us who do take responsibility for our own actions appreciate that we can go to an establishment and have a few drinks with some friends for a few bucks less.

Personal responsibility IS the end of the story! If you know after 5 beers, you start making poor decisions, then cut yourself off at 4. Its that simple. Don't expect someone to babysit you in the bar. You are an adult, right? "

earl wrote on Jun 19, 2008 9:12 AM:

" to elos: the whole point of being in business is sell product and make money. If gov't is willing to step in and stop drink specials then they must stop value meals, blue light specials, sales flyers, and the whole mall because everything there is always on sale. There comes a point where Gov't needs to keep out (they crossed that line a long time ago) and let indepenent business owners run their own operation. "

elocs wrote on Jun 19, 2008 8:24 AM:

" Sorry OnaRes, not the END OF STORY. That's simply your opinion and you don't get to impose it on the rest of us. Responsibility is a 2 way street and both the bars and their customers must share in it. In case you have never learned this, the more alcohol that a person consumes the more inebriated they become and so they become less (not more) likely to make good judgments and exercise personal responsibility (does one become a better driver with each drink consumed?). The point of drink specials is to get the customers to buy more drinks, not less. You might like to consider that in your next personal responsibility rant. "

OnaRes wrote on Jun 19, 2008 7:43 AM:

" I will say it again as I did yesterday. It comes back to personnal responsibility. It is the person drinking the alcohol that is the final decision maker on how much they drink and when to say enough is enough. I am tired of people finger pointing instead of looking in the mirror and saying it is my fault for being stupid. END OF STORY "

rickey wrote on Jun 19, 2008 6:42 AM:

" They need to take every ones guns away from them to save lives also ban all FAT from food ,ban cigarettes and make the national speed limit 5 MPH and of course make the drinking age 88 "


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