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Officials unsure of new liquor law's effects

April 20, 2008

State lawmakers are hoping that a new state law is reducing drunken driving and sparing some intoxicated bargoers unsafe walks home, but police and state officials remain unsure of the law’s effects.

The change to Michigan’s liquor law, which went into effect in late February, allows bar owners to provide refuge for intoxicated customers by giving them a chance to call a cab or a roommate for a ride home.

Bar owners previously were required to kick out intoxicated patrons after cutting off service, said Lance Binoniemi, director of government affairs for the Michigan Licensed Beverage Association.

“Employees of establishments had to immediately remove individuals without any consideration of where they were going or whether they had a cab,” Binoniemi said. “Giving them time to find a ride home will be beneficial not just to the individual, but also for the general public.”

Ken Wozniak, director of executive services at the Michigan Liquor Control Commission, said the new law was passed in hopes of reducing drunken driving.

“It’s designed to ensure that people don’t hurt themselves or others by driving drunk,” Wozniak said. “If a person is intoxicated and they have to walk 10 blocks home in the cold, that’s not safe.”

Wozniak said the previous law was in place to prevent intoxicated customers from being served.

Bar owners say the previous law was poorly designed, however.

Because Michigan law states drinking establishments can be held liable if an intoxicated customer drives drunk and harms someone, the previous law hampered public safety, said Joe Goodsir, a partial owner of several East Lansing bars including Rick’s American Cafe.

“We were kind of caught in a catch-22,” Goodsir said. “If (customers) were intoxicated, you have liability and the potential for a civil lawsuit.”

East Lansing police Chief Tom Wibert said he hasn’t noticed fewer drunken drivers since the new law went into effect.

Still, calling a cab for females could help prevent sexual assaults, Wibert said.

“If the intoxicated person is a female and the bar’s only option is to kick that female out the door without offering any help, they’re really impacting the safety of that person,” Wibert said. “I think it would help to prevent a scenario where someone is so drunk they can be taken advantage of.”

While David Neveux, manager at P.T. O’Malley’s, 210 Abbot Road, usually tried to make sure anyone he kicked out of the bar had a ride home. The new law means he doesn’t have to worry about being ticketed.

“When you’ve got a person that’s extremely intoxicated, you have to make sure they are taken care of,” Neveux said. “I’m not just going to throw them out the door and let them pass out.”

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