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Wednesday, April 15
The Indiana Daily Student

A cap on open containers

Amendment would put tailgating tradition in peril

The Indiana State Senate recently introduced a bill to amend the current open-container law, removing the requirement that the driver of the vehicle have a minimum blood alcohol concentration. \nWhile we always support efforts by the state to curb the unacceptable offense of drunk driving, we do not support this superfluous and poorly-written legislation.\nUnder the new law, anyone with an open container on a public highway can be charged with a class B infraction. "Open container" is defined as a bottle with an open seal or missing contents. This means when you're 21 and aren't legally drunk, that corked, half-bottle of wine you threw in your car after the dinner party can get you a police record following you for the rest of your life.\n The new amended law also fails to account for certain exceptions. Since the definition of a highway in Indiana includes "privately-owned business parking lot and drive used by the public or is open to the public," a parked car is also at risk.\nWhat will this do to the grand old tradition of tailgating at 9 a.m. before that noon game at Memorial Stadium? \nIt may now be a legal offense. \nLet's face it, no one tailgates for those burnt hot dogs. And if the IU Police Department can nail you for having an open container in your car, how are you supposed to make screwdrivers? \nFor a team who is already suffering from minimal revenue due to a severe lack of interest in the second-worst team in the Big Ten, this is not good news. We've been hearing in order to get our athletics department out of the red, we need to get some butts in those stands. \nIf this law passes without any further amendments excepting parked vehicles, it's going to be hard to entice new fans to crawl out of their beds on a Saturday morning after a long night at Kilroy's to watch our team struggle for every down.\nThis obviously doesn't affect IU football alone. Every team in the state is at risk of having its pre-game festivities seriously quelled by this new law. Not only that, but the issue of out-of-state fans becomes particularly sticky. Are they going to be made aware of the law when they purchase tickets? And if so, are Indiana teams still going to be able to attract those fans and their money when they find out they're liable to be arrested in the lot for drinking a beer in the front seat of their SUV with the parking break on?\nObviously the problem of drunk driving is a serious one that needs to be addressed very aggressivley. However, this legislation will serve no other purpose than to punish the innocent-but-could-be-guilty driver. Punishing a person who has not even taken a drink is not the kind of action that will save lives. Why not put more money and energy into a more severe punishment for repeat offenders or even roadblocks? Getting the actual drunk driver off the street will be more effective in preventing deaths than chasing down a parked car.

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