The Columbus Dispatch is today wondering if underage drinkers caught at football games should be arrested. Football being important in the Buckeye State makes it a mitigating circumstance int he violation of laws. I posted my opinion after voting in the poll. I encourage you to go out and do the same.

My reasoning is that as much as I find laws like underage drinking foolish, I do not believe that not enforcing those laws is the answer. The solution is obvious, repeal the law. Young people should have as much right to drink as their parents will allow them. And once they are 18, then as they are no longer bound by the rules of their parents, they should be able to have a cold one at their discretion.

Laws restricting underage drinking drain policing resources that would better be used keeping communities safe from crime. Repealing these laws may create an uptick in drinking in the short term, but it should level out, like most fads increased consumption will fade. Further, college binge drinking could also decline, because responsible parents will help foster responsible drinking habits in their children. There is little to stop parents from allowing their own children to drink responsibly in their homes. And isn't a parent a better judge of his or her child's competency to drink than laws authored by people who may or may not have children at home.

I also object unreservedly to the wink-wink treatment of laws. The rule of law is a foundational pillar of democracy. Any arcane, outdated law that we no longer wish to enforce should be repealed. If left on the books, some demagogue may come along and alter the landscape by attempting to enforce these laws, years after they became a wink-wink offense. This is unfair to people who have become accustomed to lax enforcement.

People should limit their behavior and drink in moderation. I am not in favor of binge drinking, or getting wasted for the sake of getting waster or any other reason for that matter. But in a society that relentlessly promotes alcohol consumption, restrictive laws that make the young people, who are beginning to understand their rights and responsibilities as citizens, outlaws in that society only serves to weaken the rule of law. The continual enforcement of arcane laws, or worse leaving those laws on the books to be unenforced, only fosters juvenile and young adult misconduct and an adversarial attitude towards law-enforcement. Is this really what we want to encourage?

You can find this essay and much more over at Ennuipundit.