A lawsuit filed by D.C. college students seeking to decriminalize underage drinking will be submitted to a District court following its dismissal by a federal judge last month.
The U.S. District Court, a federal body, ruled last week that it does not have jurisdiction over the case, which alleges that Metropolitan Police has been ignoring a 1997 statute that decriminalized underage consumption and possession of alcohol in D.C.
“It’s just a bump in the road,” said Carol Elder Bruce, a lawyer with the D.C. law firm Tighe Patton Armstrong Teasdale, which filed the suit on behalf of several college students, including at least one from GW.
Because the court’s decision focused solely on jurisdiction, Bruce said she is unconcerned about the ruling. She added that the court did not want to tackle an issue involving D.C. laws.
Bruce said she is confident the case will be heard by the D.C. Superior Court, adding that her firm has resubmitted the suit to U.S. District Court.
“We know they can hear the case there, since that’s where all the students who are arrested go,” she said of the D.C. court.
Bruce said she hopes both courts will schedule a hearing in the next month.
Peter Lavallee, spokesperson for the D.C. Corporation Counsel, which represents the District in court, said officials were happy with the federal court’s ruling.
The city is sticking to its current policy of arresting underage drinkers, said Lavallee, who added that MPD’s practices could come under greater scrutiny by a local court.
Although the city disputes the suit, the federal court’s decision to dismiss the case is not an indication of how the D.C. court will rule, he added.
The original suit was filed in January, when Bruce took up the case of a college student who was arrested after allegedly taking a sip from someone’s glass at a D.C. bar. She declined to identify the student.
Bruce uncovered a 1997 city statute that designated underage possession and consumption of alcohol a civil, not criminal, offense, along with a July 2003 decision by the D.C Court of Appeals that cited the statute in expunging the arrest record of a student who was arrested for underage drinking.
The class-action suit was filed on behalf of all people arrested for underage possession or consumption of alcohol since the statute was enacted in 1997. If the suit is upheld, MPD can only hand out fines or community service summons to those cited for underage drinking.
Bruce is asking students who were arrested for underage drinking in the last seven years to join the suit. The law firm can be contacted at (202) 454-2800.
After starting out with a handful of students, Bruce said she has had more than 20 students express interest in taking legal action against the city.
“Even if no one comes forward, we will find everyone in the class. It will be our duty to contact them,” Bruce said of students who might not want to sue the city.
Sophomore Margaret Taylor said she believes a fine would be a more appropriate punishment for underage consumption of alcohol than being put in handcuffs.
“The city could use the money, so it makes sense to give students a ticket,” she said.
Others said students should take responsibility for their actions.
“If you’re stupid enough to get caught, said sophomore Carolina Harper, “then you’re asking for it.”
