In a recent development of Gainesville's battle with the bottle, an Alachua County judge upheld a city ordinance that attempts to curb underage drinking.
The Underage Prohibition in Alcoholic Beverage Establishments ordinance, which went into effect April 1, restricts bars from admitting people under 21 after 9 p.m. if the bars have exceeded a certain number of underage drinking offenses. Venues with a capacity of less than 201 can have five offenses, while venues with a capacity of more than 201 can have 10.
Hearings began last month after local bar owner Rob Zeller challenged the ordinance's constitutionality. After hearing arguments from both sides, Alachua County Circuit Judge Robert Roundtree decided to uphold the law, according to Gainesville litigation attorney Elizabeth Waratuke.
In a small victory for bar owners, the court struck out a clause that prohibits bars from using an "innocent owner" defense. The defense allows owners to contest admission restrictions if they can prove that there was no way to prevent underage drinking, such as the use of fake IDs.
City Commissioner Jeanna Mastrodicasa, who also works as UF's assistant vice president of student affairs, was happy to hear the court's decision, but she said there is still work left to do.
"The important thing is that bar owners continue to uphold the law," she said.
The ordinance's adoption received a chilly reception from many students and young Gainesville residents.
The UF Student Senate has publicly spoken out against the ordinance, claiming that it hurts businesses and "prohibit(s) safe nightlife engagements of the underage population of students."
But UF Student Body President Jordan Johnson said the latest development is a healthy compromise.
"This is a great example of the democratic process in action," he said. "This isn't an issue about one person having a drink at a bar. It's about making sure that everyone is safe when they go out."
Since the law went into effect, there has been a decrease in underage drinking arrests, according to the Gainesville Police Department's Web site.
Bars with a capacity of more than 201 have plummeted about 75 percent in these arrests, while arrests at bars with a capacity of less than 201 have seen about a 46 percent decrease.
Lt. Keith Kameg, GPD spokesman, attributed the encouraging statistics to the cooperative effort between bars and police and "the legislation's teeth."
"We want to make sure that Gainesville is a vibrant, yet safe, community," he said. "The bars have been doing a really great job working with us to make sure that this works."
Joseph Gloger, who works as a bouncer at a downtown Gainesville club, was surprised at how seriously owners and police are working to address the issue and warns potential underage patrons of the consequences.
"They aren't messing around with this," he said, pointing to the number of cops who go into establishments looking for any illegal activity. "It's just not worth the risk."
