Legality of Act 199 debated

Once upon a time, state Rep. Mario J. Civera Jr. sponsored a bill to make the verification of a person's age when purchasing alcoholic beverages a little easier.

In 1996, Civera, R-Delaware, a member of the state House Liquor Control Committee, was the primary sponsor of Act 199, which would make Pennsylvania the first state to implement the MinorChecker System. The system allows alcoholic beverage providers to scan the magnetic strips on the backs of driver's licenses to determine whether the cards are legal and the person pictured is at least 21.

- Mark Goodman, Student Press Law Center executive director

"That's what we were going after, nothing else," Civera said.
But the path of a bill into law is a bumpy process. Along the way, a few amendments were attached to the bill, including one that restricts alcohol advertisements in college newspapers.

The state law that went into effect Feb. 18, 1997 places restrictions on alcohol advertising in yearbooks, magazines, newspapers, program books, brochures and similar publications published by or for educational institutions.

According to a notice the Pennsylvania Liquor Control Board sent to licensees and manufacturers of alcohol in the commonwealth, advertisements that indicate the availability and/or prices of alcoholic beverages may not be printed in these educational publications.

Civera said he does not know who tacked on the amendment, but he is searching for the responsible party. He said he is a supporter of curbing underage drinking but does not support the restrictions on college newspapers. He added that students still have access to advertisements, including community newspapers that are available on campus.

"I think that's ludicrous. That's crazy," he said.

If the law is challenged, it would be defeated, Civera predicted.

"I think it would be overturned and the college would win it," he said.

Civera is not the only one who said the law raises issues of selective speech and constitutionality.

Mark Goodman, executive director of the Student Press Law Center in Arlington, Va., said in order to restrict speech, the government must prove a compelling advancement of public interest, the law must be narrowly drawn and no broader than necessary.

Goodman said he sees a valid interest in curbing underage or excessive drinking. However, he said Act 199 also restricts access to information by those of legal age and pointed out that those who are under 21 are exposed to alcohol advertisements in other mediums daily.

"The question is, does this restriction directly serve its purpose?" he said.

Goodman said First Amendment challenges brought by publications do not occur very often. He added that the wording of the bill is limited solely to advertising and does not mention news content, which has different protection than commercial speech.

"There is no question that that action is patently unconstitutional," Goodman said.

"I think it raises some serious First Amendment questions," Thompson said.

Last week, officers from the Pennsylvania State Police Bureau of Liquor Control Enforcement visited area licensees and warned them that their continued participation in the publishing of notices in The Daily Collegian of drink specials is in violation of the act.

"I don't see how a bar or restaurant could be held liable for whatever you publish," Thompson said.