Campus newspaper challenges ban on alcohol ads

The Associated Press

04.07.99

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PITTSBURGH — The University of Pittsburgh's student newspaper and a campus group sued the state yesterday to challenge the constitutionality of a law that prevents university publications in Pennsylvania from running advertisements for alcohol.

Student employees of the Pitt News and members of the campus American Civil Liberties Union student club say the law denies them their First Amendment right to free speech.

"We couldn't believe that something as blatantly unconstitutional as this could be done to us," said Hal Turner, editor-in-chief of the Pitt News.

Witold "Vic" Walczak, head of Pittsburgh's chapter of the ACLU, is representing the students. He says the content of the newspaper should be up to its editors, not state lawmakers.

State officials can and should promote programs to prevent alcohol and binge drinking, "but what the state cannot do is to usurp the control of a newspaper," he said.

Under the law, enacted in 1997, publications related to educational institutions — including newspapers, yearbooks and sports programs — cannot run advertisements that list the prices of or otherwise promote alcoholic drinks, Walczak said. The same sanctions apply to college radio and television stations.

The law allows ads giving the names and addresses of bars, clubs and restaurants that serve alcohol.

The suit names state Attorney General Mike Fisher, Major Francis Koscelnak, director of state police's Bureau of Liquor Control Enforcement, and John E. Jones III, chairman of the Pennsylvania Liquor Control Board.

All declined comment on the suit yesterday. But Donna Pinkham, spokeswoman of the Pennsylvania Liquor Control Board, says the board is taking several steps to reduce campus drinking.

"Students are abusing it and it seems that today students are drinking more to get drunk," she said. "It's binge drinking and underage drinking that are very serious problems. ... I know that doesn't address this suit, but it may run some explanation for why this came about," she said.

Walczak asked U.S. District Court Judge William Standish yesterday to order an immediate injunction halting enforcement of the law. The judge rejected the request.

Pitt News editors say they have lost at least $20,000 in advertising revenues during the last year because of the law, resulting in fewer pages and articles.

Lisa Price, president of the student ACLU group, said the law could hurt attendance at the group's meetings because she can't advertise the drink specials where they meet.

The lawsuit could affect college media statewide, said Walczak.

"You couldn't have an ad in a football program saying 'Come to the wine and cheese party after the football game,'" he said.

Bridgette Blair, editor of the Daily Collegian at Penn State University, said her paper also has lost advertising revenue because of the law.

"I would so much like this to succeed," she said.

Rick Valenzuela, managing editor of Temple University's Temple News, says the school has never been offered alcohol ads and he's never heard of the law. Still, ads could make a difference, he said.

"I could see it taking a big chunk out of advertising, depending on the size of the paper," he said.