Ohio seeks to maintain "five keg" party rule - Brief Article

Modern Brewery Age, Sept 9, 2002

Ohio state officials are fighting to keep a beer-buying restriction allowing police searches at large parties.

A lawsuit seeking to overturn the state's "five-keg rule," aimed mostly at college campuses, is scheduled to go to trial this fall after a federal judge expressed concerns about the rule's constitutionality.

The rule says anyone buying more than four beer kegs at a time must sign an affidavit allowing police to search the site where it's to be served. The affidavit must list the host's name and the date and location where the kegs will be used. The buyer must sign the affidavit, including the search clause, at least five days before the event.

The policy was added in 2000, mostly in response to large parties near Ohio State University.

"It makes us aware of situations such as large campus parties that can get out of hand," aid Julie Ehrhart, spokeswoman for the Ohio Public Safety Department. "It allows us to have people in place."

The law has never been enforced. Raymond Vasvari, legal director of the American Civil Liberties Union of Ohio, said the lack of searches under the five-keg rule indicates the restriction is politically motivated.

Last month, U.S. District Judge George Smith refused the state's request to dismiss the suit. "The court recognizes the need to curb underage drinking and diminish its often ruinous effects," Smith wrote. "The state, however, may not sacrifice individual constitutional freedoms in combating the problems of underage drinking."

Judge Smith's ruling noted that the rule doesn't prevent someone from buying four kegs at a time, then returning for more.