Just Recompense How tavern owners can discourage underage drinkers

Abstract

At least one tavern operator has successfully sued for damages after being cited for having on the premises underage drinkers who used false identification to enter the establishment. A Massachusetts brew pub owner successfully sued an underage drinker for “misrepresentation” when she presented two forms of false identification to gain entry to the bar. An important point in the pub's favor was that the operator had maintained inhouse training programs and protocols for detecting false IDs. The court assessed damages at $3,713. A Connecticut tavern operator earlier brought a misrepresentation suit against five underage drinkers after the operator was cited by authorities. That case was settled out of court. Underage drinking is a crime in both states, but youthful violators often are not arrested so that they will be willing to testify against the tavern operator (without incriminating themselves).