Last summer, R Street’s Cameron Smith caused a stir by calling out Alabama’s interpretation of a regulation that targeted margarita pitchers. The Alabama Alcoholic Beverage Control Board was forced to backtrack, conceding that it would leave the pitchers alone.
But don’t be fooled: Unruly drink pitchers are hardly confined to Alabama. In fact, our nation’s capital was recently forced to enact an even stricter rule to control its pitcher epidemic. Thanks to some quick-thinking government officials, D.C. law now officially prohibits customers from picking up pitchers and carrying them around a restaurant.
This regulation is a great example of local government attempting to respond to one of the paramount threats of our day. In fact, the only problem we can see with D.C.’s rule is that it fails to fully appreciate just how dangerous pitchers truly are.
It all started last year when D.C.’s Alcoholic Beverage Control Board implemented a new rule declaring that bars and restaurants were allowed to offer bottle service to their customers, so long as they did not “allow any patrons to remove the bottle or pitcher from the table.”
The regulation’s purpose is to “curb the practice of patrons wandering around the establishment with large containers containing multiple servings of alcoholic beverages.” Cracking down on wandering drink containers is important, of course, because “large containers may be used as weapons during altercations.” After all, who among us hasn’t visited a restaurant and ordered a pitcher of our favorite boozy beverage, only to drown its contents and use the empty container to smack a fellow patron upside the head?
For starters, pitchers have intricately designed handles that ergonomically mold to the human hand, allowing customers to arm themselves faster than you can say: “I’ll have a pitcher of Miller Lite.” But pitchers can be weaponized in less intuitive ways, too. In addition to being useful for whacking surly bartenders, shattering a glass pitcher can create dangerous shards handy for stabbing fellow bar patrons. Large containers of alcohol can also be a fire hazard (alcohol is flammable, after all).
And don’t even get us started on spills. Every week, dozens of clumsy D.C. bar-goers order pitchers of booze only to spill their contents on their nicest Sperry Top-Siders. Spilled beer not only ruins leather shoes, it also turns dance floors into slippery skating rinks primed to trigger costly slip-and-fall lawsuits. While spillage risk is also present with pint glasses, the potential harm caused by a dropped pitcher is much more significant (to paraphrase Biggie: Mo Liquid Mo Problems).
In the end, the flaw with the ABC’s new rule is obvious: It is not concerned enough with the victims of pitcher-crime. Ideally, we would outlaw drinking establishments altogether, as they are a clear danger to the public. However, as pragmatic advocates, we recommend one of two policy solutions for D.C.’s deficient pitcher law: Either #BanThePitcher entirely, or arm every person in every bar in the District with their own pitcher for self-defense.
If we ban pitchers completely – coupled with felony convictions and jail time for anyone found still carrying one within District limits – then we can stop pitcher-fueled bar fights and catastrophic spills before they even happen. But if a complete ban is a step too far, let’s at least fight fire with fire. We should give every policy wonk and congressional staffer in every D.C. bar his or her own pitcher to wield in self-defense. That way, the next time someone pours beer on your new Tory Burch flats, you can respond in kind by dousing them with a jug full of PBR. Not only will this bring justice to such abhorrent crimes, it will likely deter them from happening in the first place.
It’s long past time for the D.C. government to show that it cares about its citizens by escalating the war on pitchers. Remember: People don’t kill people, pitchers kill people.
C. Jarrett Dieterle is the director of commercial freedom and a senior fellow at the R Street Institute, as well as the editor of DrinksReform.org. Daniel DiLoreto is a policy intern for commercial freedom at R Street.