Don't reverse 21-only gains

By The Gazette Editorial Board

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Even though it's barely over a year old, Iowa City's 21-only ordinance might get an overhaul.

Local members of the Partnership for Alcohol Safety are asking Iowa City Council members to change the way it grants exemptions to the law, which prohibits underage patrons from the city's bars after 10 p.m. They say they want to create a more level playing field for affected businesses.

But city councilors should be wary of making drastic changes to the law, which seems, overall, to be having the intended effect on reducing underage alcohol consumption.

Citations for possession of alcohol under the legal age have plummeted since the ordinance took effect on June 1, 2010.

A recent survey shows an 8 percent drop in high-risk drinking among University of Iowa students from 2009 to 2011 - the lowest level in a decade - something UI officials say has been greatly influenced by blocking underage access to bars.

Still, some business owners are asking council to tweak the ordinance - complaining that “food exemptions” allowed under the ordinance are giving certain businesses an unfair advantage.

They say an automatic six-month exemption for any new business, for example, is being abused by some downtown business owners.

They say those owners are using the exemption as a loophole to serve underage patrons.

If true, it raises serious concerns. But the numbers don't seem to tell such a dramatic story.

In 74 bar checks last month - including establishments exempt from the 21-only law - police issued only three PAULA citations. In June 2010, police issued seven citations during 144 checks.

Compare those numbers to June 2009, before the 21-only ordinance was in force, when police issued a whopping 24 underage possession tickets during only 49 visits to bars.

Clearly, the ordinance is being enforced in most businesses. Are those few lingering PAULA citations enough to show systematic disregard for the law? We're not so sure.

On the other hand, an initial six-month exemption to the 21-only ordinance allows businesses time to collect the data needed for a standard exemption for businesses primarily selling food, not alcohol.

New restaurant owners could make a compelling argument that subjecting their businesses to the 21-only ordinance before they can collect that data puts them at a competitive disadvantage.

Other recommendations, such as requiring businesses to maintain a low rate of PAULA citations to maintain exemptions, seem to be more in keeping with the spirit of the ordinance.

City Council members should proceed carefully so as not to undo the positive results that the 21-only ordinance has produced.

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