More beer less problems!

I can see teetotalers hiding under the bed and certain religious sects nailing me to the cross, but think about the article!

Several years agoWest Virginia University quit selling beer in its football stadium. However, they allowed fans to tailgate at the stadium and leave the stadium during halftime. Consequently, fans would get loaded before the game to have their buzz last till halftime where they would leave the stadium to get buzzed again for the last half of the game. On top of that, sneaking alcohol into the stadium was a bigger game than what was being played on the field. What did the policy create? Problems and challenges.

Oliver Luck is athletic director. At football games at WVU, he started to notice a few familiar sights — the unbelievable, sheer athleticism, the marching bands… and the freshmen barfing all over the stadium.

“People drinking far too much at pre-game parties and tailgate parties before games. Sneaking alcohol into games. Leaving at halftime to drink even more and come back into the game,” said Luck.

WVU like most colleges prohibited alcohol and the sale of alcohol in its stadium. WVU realized that abstinence does not work!

So WVU started selling beer in the stadium. Contrary to popular belief, chaos did not run amuck at WVU football games.

“In 2010, we made 117 arrests on game days. In this past year, we only made 79. See, that’s almost a 35 percent reduction in arrests we made,” said Bob Roberts, West Virginia University police chief.

West Virginia made about $500,000 the sale of beer the first year. More money and less problems. (Sounds like a beer ad.) Believe me, no matter what the fines of the 35% of lost arrests, it would never make up the half million the university made.

You cannot stop people from doing what they want to do. We have millions incarcerated in prisons to prove that point. What we can do is make money on it and help those who want to do it to understand it and maybe exercise a little control over it.

More importantly instead of telling people how to live, let’s work with people to figure out the best way to solve everyone’s problems. As Stephen R. Covey said in “The Seven Habits of Highly Effective People,” make it a “Win Win.”

See Can selling beer help college fans drink less?

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States that do not Support the Use of a Release

Assumption of the risk is your best defense in these states

These states do not allow a recreational business or program to use a release to stop litigation.

State

Citation

Issues

Releases are Void

Louisiana

C.C. Art. 2004 (2005)

Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party. Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.

Montana

MCA § 27-1-701

Liability for negligence as well as willful acts. Except as otherwise provided by law, everyone is responsible not only for the results of his willful acts but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person except so far as the latter has willfully or by want of ordinary care brought the injury upon himself.

Virginia

Johnson’s Adm’x v. Richmond and Danville R.R. Co., 86 Va. 975, 11 S.E. 829 (1890)

Use of a Release is Restricted

Arizona

Phelps v. Firebird Raceway, Inc., 2005 Ariz. LEXIS 53

New Mexico

Berlangieri v. Running Elk Corporation, 132 N.M. 332;2002 NMCA 60;48

P.3d 70;2002 N.M. App. 39;41 N.M. St. B. Bull. 25

West Virginia

Kyriazis v. University of West Virginia; 192 W. Va. 60; 450 S.E.2d 649;

1994 W. Va. LEXIS 161

Use of Releases is Probably Void

Connecticut

Hanks v. Powder Ridge Restaurant Corp., 276 Conn. 314, 885 A.2d 734 (2005) and Reardon v. Windswept Farm, LLC, Et Al., 280 Conn. 153; 905 A.2d 1156; 2006

Conn. LEXIS 330

Wisconsin

Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2

Vermont

Dalury v. S-K-I, Ltd, 164 Vt 329; 670 A.2d 795; 1995 Vt. Lexis 127

Specific uses of Releases are Void

Alaska

Sec. 05.45.120(a).  Use of liability releases

A ski area operator may not require a skier to sign an agreement releasing the ski area operator from liability in exchange for the right to ride a ski area tramway and ski in the ski area. A release that violates this subsection is void and may not be enforced.

Hawaii

King v. CJM Country Stables, 315 F. Supp. 2d 1061, 2004 U.S. Dist. LEXIS 7511 (D. Haw. 2004)

Found that Hawaii statute § 663-1.54.  Recreational activity liability prevented the use of a release

New York

General Obligation Law §  5-326. Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence void and unenforceable

Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable.

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