By Alana C. Newhook
Oliver Luck, the Athletic Director for West Virginia University, recently proposed to the state’s Board of Governors that WVU be allowed to sell beer at Milan Puskar Stadium.
Luck is also seeking the removal of the pass-through policy. Currently, fans at WVU games can leave at half-time and re-enter after consuming large amounts of alcohol in the parking lots. Large numbers of fans simply do not return to the game at all choosing to miss the Mountaineer’s second half.
“The elimination of the pass-through policy and the added sale of beer in the stadium will help keep the fans in their seats for the entire Mountaineer football game,” Luck told the media. “We cannot afford to have those kids not attend Mountaineer games and not appreciate the fun and excitement and not build up fan loyalty.”
Together, the changes could lead to as much as $1 million or more in revenue, according to some published reports.
Some fans are already fed up with the current scenario at Puskar Stadium, which has led to excessive drinking, associated with the pass-through policy, and “declining civility.”
Sodexo, a concessionaire, has been tapped as possibly controlling the sale of beer if the proposal was approved. Sodexo would reportedly provide trained staff that would enforce identification checks and the proposed limit of how many beers a person can be served at once. Luck said Sodexo would obtain the liquor license in order to shield WVU from “huge associated legal exposure” from any legal claims that may be connected to the sale of beer.
Carla Varriale, a partner at the law firm of Havkins, Rosenfeld, Ritzert & Varriale, concurred, at least in part, with Luck.
“The idea is not to ban the sale of alcohol to fans, but to ensure that the alcohol sales are managed and that service is responsible,” said Varriale, whose firm serves as outside counsel to the New York Mets with regard to its premises liability litigation. “Liability at the venue can be minimized by ensuring protocols for responsible service are in place and that adequate security personnel are present in the event there is an altercation, which can occur with or without alcohol in the mix.”
Jarett Warner, counsel at HRRV, agreed about the “essential” nature of protocols. “Some of the issues that need to be addressed include the number of beers that can be purchased by an individual at the game, at what point in the game should sales of alcohol be discontinued, and the proper number of security guards versus patrons to meet industry standards.”
Varriale added that liability “can also be minimized, or avoided, by risk-shifting mechanisms such as contractual language requiring indemnification or the purchase of liability insurance on behalf of the venue by the alcohol provider, if alcohol sales are outsourced. The key is crafting the appropriate language to protect the venue.”
A Sodexo representative states that college institutions see fewer alcohol-related incidents when their staff serves alcohol, because they create a safer environment through staff training and controls.
In addition, special alcohol-free family zones have been considered. Luck stated that he didn’t know “if it would be a hard and fast rule, but we could say, ‘Sections A, B and C, 1, 2 and 3 are where beer consumption is discouraged. Those sections are family sections.'”
Luck admittedly looked to other schools comparable to WVU that sell beer at their stadiums for guidance. “We tried to be as deliberate and rational as we could by talking to other schools and other public safety officials,” Luck said. Louisville has special non-alcohol sections designated in their stadium, and Luck is considering following their example.
If the proposal is approved, WVU would join the five football-playing schools in the Big East Conference that already sell beer in their stadiums.
Newhook is a second-year law student at SMU Dedman School of Law.
