Guilty until proven innocent is not the way the law should be run - and thanks to a Bay City judge, another case of such injustice has been overturned.
Last week, a federal judge struck down a Bay City ordinance that required people younger than 21 to take a Breathalyzer test on demand or pay a $100 fine. The judge said the ordinance violates the Fourth Amendment, which protects citizens from unlawful search and seizure.
While underage drinking is illegal, people younger than 21 still are deserving of the same rights as others when it comes to being searched by police. The judge who declared the Bay City ordinance illegal made the right decision.
Because state law is identical to the illegal ordinance, members of the American Civil Liberties Union of Michigan say the ruling makes the state law unconstitutional. This will have a large impact on campus communities, where underage drinking is a common practice.
It is difficult to support a ruling that potentially could protect underage drinkers. Underage drinking still is illegal and those who break the law should continue to accept the consequences of their behavior. Consumption of alcoholic beverages is not a constitutional right.
But the Constitution does provide the right to a certain amount of privacy under the Fourth Amendment. This right should be upheld for those younger and older than 21.
The case that brought the ordinance to light began with an incident involving Bay City resident Jamie Spencer and a few of her friends. While standing next to a car at a city park, the group was approached by two police officers who eventually administered Breathalyzer tests to everyone present.
Spencer, who was 19 at the time, didn't want to take the test, but was told she would receive a $100 fine if she refused. She took the test and passed, but felt that her privacy had been invaded.
It is unfortunate that the law allowed unfair targeting of people younger than 21. Not only did it impose fines on a select group of people, it also infringed on the rights guaranteed to all Americans under the Fourth Amendment.
The recent ruling is a step in the right direction. The same rights should be allowed to all people, regardless of age.
For those who refuse to take a Breathalyzer in East Lansing, the city has a municipal ordinance that includes a civil infraction and a fine of as much as $100. MSU police Inspector Mary Johnson said MSU police will continue current practices until changes are instructed by Ingham County officials.
It might take time to clear up local laws to match the Bay City ruling, but in the meantime, people under the age of 21 should feel good that there are officials willing to support their rights. People should continue to use discretion when making choices involving drinking, but they can rest assured they will not be denied their constitutional rights.
Innocent until proven guilty is the way the law should be applied to all citizens.
