Monday, April 12, 2010

Legislators consider repealing outdated liquor laws

Hang out in front of a liquor store in Asheville on a Saturday night and watch the mad rush of people, because they know they won't get anything at an ABC store on Sunday.

At the end of March, lawmakers finally put forth legislation about letting ABC stores open on Sunday, according to the North Carolina General Assembly. This bill would give ABC stores the option of selling liquor on Sunday.

Blue laws stretch all the way back to the beginning of the country, and these laws restricted activities on Sunday, according to Jonathan Gruber of MIT and the National Bureau of Economic Research, as well as Daniel M. Hungerman of Notre Dame. Not only did these laws restrict alcohol sales, but retail activities as well.

Around the middle of the 20th century and onward, many state governments repealed blue laws because of a Supreme Court ruling, and by 2005 only eight states had blue laws restricting retail activity on Sunday, according to Gruber and Hungerman.

In N.C., the state government still carries blue laws regulating when alcohol may be sold. ABC stores remain closed for the usual holidays like Christmas and Thanksgiving, but also stay closed on Sunday, according to current state law. People can purchase beer and wine, but only after 12 p.m.

"We do not feel that there would be a significant increase in sales. Most consumers shop for their spirituous liquor before Sunday, and I do not see those patterns changing," said Curtis Canty, chief executive officer of the Asheville ABC Board.

But in the 21st century, we must recognize the antiquity of the blue laws for the state. What purpose do they serve in this day and time? Sure, people might not want others to buy liquor on a Sunday, but it's a bit ironic.

It's ironic because people wanting to buy liquor on a Sunday might not care about religious observances. Some might, but if people cared more about religious services than buying liquor, this would be a non-issue.

"It varies across the state with some in favor, but most do not want the law to change," Canty said.

In their research, Gruber and Hungerman set up experimental models to find out what would happen if states repealed blue laws. They found increased drug use and drinking among religious individuals after the repeal of blue laws when compared against other people. Some might argue such findings warrant us to keep blue laws, but it brings up another problem.

We can't forget about the separation between church and state. Lawmakers should consider repealing blue laws because they show favoritism toward religion, specifically Christianity.

Since no blue laws exist for Saturday, which other religions keep for their Sabbath, current blue laws clearly tie one specific religion to law, which is unconstitutional.

In recognizing the ridiculousness of blue laws, we can't blame Christianity or lawmakers. We must understand the time in which these people lived and what they valued. Of course, values change over time.

If the state repeals the blue laws, they don't force anybody to buy alcohol. They simply give people the choice. And people wanting to observe the Sabbath can continue to do so as well. Choice in anything almost always wins over not being allowed to choose.
So saying the repeal of blue laws makes religious people drink more really strips away that person's ability to choose for themselves. Sure they drink more, but didn't they choose it?

"The current bill before the legislature leaves the decision as a 'local option,' meaning a system could decide to not be open on Sunday," Canty said.

Some communities throughout the state may wish to continue the blue laws in their area. Others might want to sell alcohol within normal business hours. And some places might come up with totally different ideas on how to handle alcohol sales.

"Each system in N.C. would set their own hours if they choose to open," Canty said.

If we let the local ABCs set up the hours for liquor sales, then we see a more direct representation of the community. With more input from the people the laws will affect, lawmakers can understand the community's values easier while also addressing issues that matter.
Because tourism makes up a big chunk of Asheville's economy, the city could profit from increased sales on Sunday.
But to be fair to blue laws, they do more than keep people from buying liquor.

Sunday remains a day of rest across most of the country. Many retail businesses open later and close sooner and the day brings the end of the weekend. In any community where people recognize this rest, we can be sure they will put reasonable restrictions on alcohol.

And although Gruber and Hungerman note it's possible for people to choose work and leisure over religious activities after the repeal of blue laws, people shouldn't use this as firepower to keep the law alive, either.

Because people can already buy beer and wine on Sunday, the inclusion of liquor won't necessarily drive people from church. Also, most retail businesses and restaurants operate on Sunday, which means people pursue these things already.

So what's the problem with letting ABC stores open on Sunday?

Perhaps ABC stores, like stores that sell beer and wine, could open at noon but close at five or six. This reinforces the day of rest, but also allows people to buy liquor. Moderation remains the key.

As with any kind of law, society needs a balance. One of the best balances comes from letting people choose. When people choose what they want over laws telling them what to do, they find their own moderation, which only brings out the best in communities.

Originally published in The Blue Banner, Spring 2009

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