A Flandreau lawyer is considering a possible signature campaign that would let South Dakota voters decide whether the legal age to drink low-point beer should be reduced.
And he's likely to get support from Republican state Sen. Bill Napoli of Rapid City, who recently began his own campaign to change the drinking age.
N. Bob Pesall believes the drinking age for beer that is no stronger than 3.2 percent alcohol should be 19 instead of the current 21 for all alcoholic drinks.
"We hold our young men and women up as adults when it comes to paying taxes or entering into contracts. We expect them to take up arms at home and abroad in defense of themselves and their nation," Pesall said. "We put their lives in harm's way overseas, but at home we do not trust them to enjoy a cold beer. This is simply wrong."
For almost two decades, states have required people to be at least 21 before they could legally drink alcohol. Congress passed a law in 1984 that was designed to reduce drunken-driving deaths among the young by setting the minimum drinking age at 21, threatening states with loss of federal highway funds if they did not agree.
South Dakota was the last state to change its law, doing so in 1988. State lawmakers grumbled about federal blackmail, but they did not want to jeopardize federal road-building funds.
Napoli said that kind of federal coercion is wrong. He recently contacted Sen. John Thune, R-S.D., to encourage him to lead a congressional campaign to rescind the 21-year-old-drinking-age mandate at the federal level. Thune has not agreed to take on that fight, saying it would be a difficult battle to win, and he is concerned about maintaining state and national efforts to control underage drinking and drunken driving.
Napoli said if he doesn't get help from Thune, he will ask Sen. Tim Johnson, D-S.D., and Rep. Stephanie Herseth Sandlin, D-S.D. But he questions whether any of the delegation is likely to take on a fight that might have a political downside.
"I'm so disappointed in our political candidates today. Everything has to be cleaned. Everything has to be sanitized. They can't do anything until they make sure they won't upset a majority one way or the other," Napoli said. "It wouldn't make any difference if an issue had God's blessing. If the public perception was against it, they wouldn't do it."
Underage drinking is widespread in spite of the law, because minors can easily get alcohol. Napoli said the law has failed, and it is especially ridiculous when it denies war veterans the opportunity to enjoy a drink legally.
"I think Pesall and guys like him are on the right track," Napoli said. "I'll do what I can to help."
That might include carrying a petition to gather signatures for the initiative if Pesall and others get it started, Napoli said.
Pesall said he and several other people, whom he declined to identify, believe the drinking age should be 19. On behalf of the group, Pesall drafted a proposal that was submitted to the Legislative Research Council for review. But Pesall is not yet sure if he'll help launch a petition campaign.
The measure could make the 2008 general election ballot if 16,776 signatures are collected by April 1. It would allow 19- and 20-year-olds to buy low-point beer. They could be served in bars only if those businesses do not sell liquor or have separate areas for consumption of beer by those younger than 21.
Pesall, a 2004 University of South Dakota Law School graduate, said it is unfair that 19- and 20-year-olds cannot legally drink but are considered adults for other purposes.
JoDean Joy of Miller, a video lottery opponent, said she would not favor reducing the drinking age. For one thing, some high school seniors are 19 before they graduate and should not be allowed to consume alcohol and provide it to friends, Joy said.
Alcohol and gambling often go hand-in-hand, and a lower drinking age could start many people down the road of addiction at a younger age, she added.
"I would have a concern about lowering the drinking age for any type of alcohol, because the earlier people start drinking or gambling, the more likely it is they'll become addicted to them," Joy said.
Pesall said he objects to states being forced to adhere to the current drinking age of 21 or risk losing federal highway money.
"We ought to make up our own rules instead of just following what everybody else in the country does in chasing the almighty highway funding dollar," he said.
"The federal government simply has no business trying to regulate the age at which people in any given state can purchase alcohol," Pesall said. "Constitutionally, the regulation of alcohol is a matter reserved to the individual states, and it should be treated this way."
Pesall said those who believe the drinking age should be reduced for low-point beer should contact members of Congress. If Congress refuses to budge on the issue, it may be necessary to proceed with a petition campaign to change the law in South Dakota, he said.
Journal staff writer Kevin Woster contributed to this story.


