GoAUpher
Section 246
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Getting a little off topic, but the legislature didn't say the U couldn't sell alcohol at the stadium. They said if they're going to sell it to rich people, they have to sell it to everybody. And, since the stadium IS in Minnesota, this is will within their jurisdiction.
Regardless of whether or not you or I agree with the law (and I'm as pissed as anyone that we're losing this revenue stream) I don't see anything un-constitutional about it.
Where in the stadium they sell it is a U decision. It is their facility, not the legislature's. I really don't care one way or the other because I do my drinking beforehand. But I know overreach when I see it.
Did you read the link? The legislature can't interfere with the internal management of the U. They have appropriations and police power. The U isn't breaking the appropriate laws about serving alcohol. This doesn't have anything to do with appropriations. Instead, they've made a decision about where in their facilities they wish to serve. That's an internal policy.
Since when is it constitutional for a state legislature to tell a specific organization the manner in which they must obey a law that they are already in compliance of?
You might also have missed this part: "A condition is more likely to be found valid if it applies equally to all public agencies and the court finds that it (1) promotes the general welfare, and (2) makes very limited intrusions on the regents’ management duties." How does writing a law that applies to 3 buildings on one campus meet the standard for all public agencies or make a limited intrusion on the Regents' management? I suppose the general welfare provision depends on your point of view.
The legislature even undercut their own position when they revised it to require the U to allow alcohol sales in 1/3 of the general admission seats if it is in the suites. So suddenly its ok to limit which of the average joe fans get to drink? Its faux populist pandering.
There is no constitutional right to drink booze. Beer at TCF is a commodity that the U can offer to anyone it pleases so long as they do so within the applicable statues. Like wider, padded seats or free parking right next to the stadium it is a benefit offered to premium seatholders in exchange for their money.