Analysis says bill could end Lambeau tailgating

Posted at 4:30 p.m. on March 9, 2018

The Brillion News

MILWAUKEE  – Attorneys at the Wisconsin Institute for Law & Liberty (WILL) issued a legal memo explaining how Assembly Bill 433, with the approved Substitute Amendment 1, would make it significantly harder for people to enjoy Wisconsin’s long-standing tradition of tailgating, even at Lambeau Field.

The bill regulates the consumption of alcohol on certain nonpublic (and public) places by requiring an expensive retail license to be obtained.

WILL Executive Vice President C.J. Szafir, explained the problem:

“What major policy problem the bill is designed to solve is a mystery to us. But what is clear – whether intended or unintended – is that the amendment would negatively impact people’s ability to enjoy a beer at their tailgate before a Packers, Badgers, or Brewers game.:

WILL said the bill raises the question of whether government needs to be interring with people’s recreational activities.

“Is there some good reason why the legislature needs to restrict Wisconsinites ability to have a brat and a beer on public or private property before a sports game? We’d like to hear it,” Szafir said.

A substitute amendment to Assembly Bill 433 was introduced last February. In short, the bill prohibits a person or business from charging someone who would consume alcohol on their property. Unless, of course, they obtain a license from a municipality.

The WILL legal analysis concludes that this could impact tailgating outside of a sports event. Consider a homeowner, with property outside of Lambeau Field, who wants to charge people to park on his lot. There could be no alcohol consumed on his property, under this amendment.

The bill and amendment unanimously passed the Assembly by voice vote. It is awaiting a vote in the Senate.

The WILL analysis questions why the whole issue is coming up in the legislature.

“The bigger picture is that this amendment raises a serious question of when and whether the government needs to interfere with people’s private activity,” WILL’s memo asks. “Is there some good reason why the legislature needs to restrict Wisconsin’s ability to have a brat and a beer on public or private property before a Packers or Brewers game?”