NY Times Magazine, March 22, 1998
Headline: Strong Stuff
Byline: MICHAEL MASSING Shortly after 9 o'clock on the
morning of Dec. 3, 1997, the 14 members of the Governor's Task
Force on Driving While Intoxicated and Vehicular Homicide took
their seats in a hearing room in the Louisiana State Capitol
Building in Baton Rouge. The issue before them: whether the
state should add a provision to Louisiana's drinking law that
would prohibit 18- to 20-year-olds from entering bars. The law
currently allows them into bars, even while it prohibits them
from buying or drinking alcohol. The law is widely flouted,
however, and most of the task-force members -- highway
officials, state legislators, local sheriffs, a representative
from Mothers Against Drunk Driving (MADD) -- were united on the
need to change what they saw as a loophole. The loophole, they
believed, was encouraging college students to spend their nights
carousing rather than studying. They also felt it was
contributing to the carnage on the state's highways. In 1995,
Louisiana had 883 traffic fatalities, of which slightly more
than half were alcohol-related -- the third highest rate in the
country.
In seeking to close the loophole, however, the task force
faced a formidable obstacle: Charles Tapp, one of its members. A
lobbyist for the state alcohol industry, the silver-haired,
tart-tongued Tapp was on the attack from the moment the first
witness was seated. "You're the executive director of what
organization?" he snarled at Sharron Ayers, who represented the
Louisiana Alliance to Prevent Under-Age Drinking, a coalition of
grass-roots groups, state agencies and private organizations.
Closing the loophole, she said, would make it harder for young
people to drink.
"Why do you call it a loophole?" Tapp asked gruffly.
"It makes it very hard for law enforcement to enforce the
law," Ayers replied, uncertainty creeping into her voice. "It's
had a lot of effects on young people. They're out drinking, not
studying. You know what happened recently at L.S.U."
Ayers was referring to the fateful night in August when
several fraternity members at Louisiana State University dropped
by Murphy's, a local bar. There they downed pitchers of a potent
concoction called Three Wise Men -- 151-proof rum, Crown Royal
whisky and Jagermeister, a sweet liqueur. By midnight the
students were so drunk that they had to be wheeled out in
shopping carts to waiting cars. After they returned to their
frat house, the campus police were alerted, and, rushing over,
they found nearly two dozen people passed out. Four of them had
to be hospitalized, and one, a 20-year-old named Benjamin Wynne,
died. An autopsy found that his blood-alcohol content was six
times over Louisiana's legal intoxication limit. Generating
headlines nationwide, the event had strengthened the task
force's conviction that it was time to act.
"What would you do about an 18-year-old student who works in
a bar?" Tapp snapped.
"We don't have that defined yet," Ayers admitted.
"What about a 19-year-old who owns a bar?" he pressed on.
"What we are concerned with is the average student going into
bars," she replied.
"What do you mean by average student?"
"The average 18-, 19- and 20-year-old who goes into a lounge.
We don't know whether their purpose in going in is to drink, but
we do know they are drinking."
"Do you know that?" Tapp challenged her. "Oh, we know about
what happened at L.S.U., but were they going in to play pool,
maybe, and not drinking?"
By the end of her testimony, Ayers was literally shaking. And
so it went for the rest of the three-hour hearing. After Dr.
Deborah Cohen, a professor at the L.S.U. Medical Center,
expressed her support for closing the loophole, Tapp accused her
of engaging in "social" legislation. "We've seen a tremendous
movement in that direction in the last three to four years," he
said. At several points, Tapp asserted that because the state's
legal age of majority is 18, any effort to close the loophole
would constitute age discrimination.
Watching Tapp's performance, his fellow panel members
struggled to keep their cool, waiting for the final vote to
express their own views. It went 13 to 1 in favor of
recommending that the Governor, M.J. (Mike) Foster, a
Republican, introduce a bill to close the loophole and make it
illegal for 18- to 20-year-olds to enter bars. For the state's
alcohol-control forces, it was a sweet victory, if a small one.
In recent months, citizens' groups across the nation have
been organizing against the alcohol industry. Spurred by growing
concerns over drunk driving, under-age drinking and
alcohol-related crime, these groups -- made up of parents and
educators, churchgoers and community activists -- have been
pressing for higher taxes, restrictions on advertising and
crackdowns on problem outlets. Not since Prohibition has the
alcohol industry been so under siege. But Big Alcohol is not
about to go the way of Big Tobacco. Aggressive, flush with cash
and fortified with lessons from the war on cigarettes, the
alcohol lobby is fighting back with the many weapons at its
command.
In Louisiana, its chief weapon is George Brown. The executive
director of Louisiana's Beer Industry League (and Tapp's boss),
Brown is considered by many to be the state's most powerful
lobbyist. He has known virtually every Governor in the last 30
years and is on a first-name basis with many state legislators.
At the league's office, a red-brick bungalow a few blocks from
the Capitol building, Brown and his staff frequently play host
at fund-raisers for candidates, with the beer flowing free of
charge.
The influence of Brown and the Beer Industry League generally
is apparent in Louisiana's lax alcohol laws. "Laissez les bon
temps rouler" is the state's informal motto, and with a total of
nearly 13,000 places where you can buy alcohol, it's easy to see
why the good times keep rolling. Many gas stations sell beer,
wine and spirits, allowing you to stock up while filling your
tank; some cities and parishes have drive-in daiquiri stands.
There is no last call in New Orleans, and for those wanting to
carry their drinks onto the street -- it is legal to drink in
public in the city -- bars keep plastic "go cups" on hand.
The day after the task-force meeting, I went to see George
Brown. A crusty, balding 74-year-old, he motioned me into a
chair across from him. Looking around his office, I saw that its
walls were covered with photos of Brown with various state
luminaries. When I mentioned the 13-to-1 task-force vote in
favor of closing the loophole, he seemed unconcerned. For this
was only a recommendation; both the Governor and the Legislature
had to act on it for it to become law. "I promise you, there's
going to be a good fight on this," Brown said with a twinkle.
To reinforce the point, he handed me a list of upcoming
fund-raisers for state legislators, pointing out those the Beer
Industry League was supporting. He also alluded to the backing
he could expect from restaurateurs, bar owners, casino operators
and other members of the state's powerful "hospitality
industry." On top of it all, Brown noted, he could count on the
help of Anheuser-Busch, the beer giant, which had its own
lobbyist in Baton Rouge. "He may know somebody I don't," he
observed genially. "That might be good for a vote or two." All
in all, Brown did not seem to be a man about to panic.
The growing outcry over tobacco as a public-health menace has
raised the inevitable question, Is Booze Next? Smoking is far
more lethal than drinking, claiming an estimated 400,000 lives a
year to alcohol's 110,000. But most of tobacco's victims are
well along in years, while alcohol cuts down many in their
primes. About 28,000 die from cirrhosis of the liver; more than
17,000 perish in traffic accidents. Alcohol is a factor in about
half of all robberies, homicides and rapes, as it is in many
cases of child abuse and wife battering. Fetal alcohol syndrome
is the leading preventable cause of birth defects in the Western
world. "Binge" drinking, meanwhile, is widely regarded as the
single-most-serious problem on college campuses. Overall, some
14 million Americans suffer from alcohol abuse or alcoholism.
According to the National Institute on Alcohol Abuse and
Alcoholism, alcohol causes "more economic and social damage than
any other public-health problem."
It is not simply these glum statistics that spark concern. It
is also the practices the industry uses to market its products
-- practices that in many ways seem indistinguishable from those
of tobacco. Where R.J. Reynolds had Joe Camel to tout its
products, Anheuser-Busch has had a whole menagerie of lovable
animals, including dogs, alligators, frogs and lizards. Like
Joe, these characters have high recognition ratings among
adolescents. Unlike Joe, they are regularly paraded on
prime-time television. Anheuser-Busch was the single-largest
advertiser during the last Super Bowl, buying four minutes to
show Louie the Lizard's efforts to electrocute the popular
frogs. Miller Brewing, meanwhile, ran its own Super Bowl
promotion -- a contest to select "cheerleaders" to send to the
event. Not many cheerleaders are over 21.
A few politicians have tried to make an issue of this.
William Kennard, the recently appointed chairman of the Federal
Communications Commission, has called for a study of liquor
advertising on television. Representative Joseph Kennedy Jr.
(Democrat of Massachusetts), a longtime industry adversary, has
introduced a bill to discourage drinking that, among other
things, would restrict the types of ads that could appear on
prime-time television. Last summer, Senator Robert Byrd
(Democrat of West Virginia) introduced a bill to eliminate the
tax deductibility of money spent on alcohol advertising:
alcohol, Byrd declared, was tobacco's "evil twin." And earlier
this month, President Clinton publicly urged Congress to tighten
the nation's laws against drunk driving.
For the most part, though, the alcohol lobby has managed to
fend off these attacks. Byrd's proposal was defeated 86 to 12,
and Kennedy's bill has attracted few co-sponsors. Unlike
tobacco, moreover, alcohol has not been hit with many
personal-liability suits. And no state has sued the industry to
recoup the medical costs incurred by alcohol abuse.
As a drug, of course, alcohol differs from tobacco in several
key respects. Unlike cigarettes, which are toxic in any
quantity, alcohol can be consumed responsibly -- and it is by
tens of millions of Americans. There is growing evidence, in
fact, that moderate drinking can be beneficial, protecting
against coronary disease and other killers. Then, too, alcohol
executives have long acknowledged that their products can cause
harm, and for years they have sponsored messages encouraging
people to "know when to say when" -- a far cry from the
self-immolating denials of health consequences by tobacco
executives.
Such differences alone, however, cannot explain alcohol's
invulnerability. An even more important factor is the industry's
political power. Simply put, Big Alcohol is richer, savvier and
more influential than Big Tobacco. For all its storied clout,
tobacco has always been a regional product, cultivated in a
handful of Southern states. By contrast, alcohol has a presence
in nearly every state and city.
Consider wine. In 1997, the American wine industry racked up
sales in the billions, with more than 90 percent of the wine
produced by California's vintners; not surprisingly, the state's
Congressional delegation is almost uniformly supportive of them.
To further push their interests, the nation's vintners
underwrite the Wine Institute, a $6.5 million operation with a
staff of 26 in San Francisco, satellite offices in seven other
cities and lobbyists in more than 40 states. The institute's
Washington office is commanded by Robert Koch, a onetime staff
director for Representative Richard Gephardt (Democrat of
Missouri); Koch also happens to be George Bush's son-in-law.
John DeLuca, the Wine Institute's president, has long studied
the travails of the tobacco companies, and he has built a whole
strategy around differentiating his product from theirs. Every
time a new study comes out showing alcohol's health benefits, he
makes hundreds of copies and distributes them to journalists,
congressmen and government officials, then follows up with phone
calls and invitations to lunch. "We've worked very hard on the
dietary, nutritional and life-style front," said DeLuca, a
cultivated, serious man whose conversation is laced with
references to vineyards, Italy and the Mediterranean diet.
"People don't look on us as 'booze merchants."' It was largely
because of DeLuca's prodding that for the first time, the most
recent U.S. Dietary Guidelines, issued in 1995, mentioned
alcohol's benefits to health, a fact the institute never fails
to note in its promotional literature.
The distillers, meanwhile, are represented in Washington by
the Distilled Spirits Council of the United States, which
employs 45 and has a budget of $7.5 million. One of its largest
members, Seagram, was the top "soft money" donor to the
Democratic Party in 1996, giving a total of $1.2 million; its
chairman, Edgar Bronfman Sr., personally donated $160,000 to the
party, and his son, Edgar junior, gave $435,000. Seagram was
also one of the top 10 soft-money donors to the Republican
Party.
For sheer political might, however, neither wine nor spirits
can compare with beer. Beer accounts for nearly 90 percent of
all alcohol consumed in the United States, and it runs a
political machine to match. The Beer Institute, a lobbying and
public relations outfit in Washington, has an annual budget of
roughly $2 million; its president, Ray McGrath, is a former
congressman from Long Island. Miller Brewing has its own
lobbyist in the capital and, when needed, can draw on the
formidable resources of its parent, Philip Morris. Coors,
meanwhile, has won political influence by financing conservative
groups in Washington, including the Heritage Foundation.
'Like tobacco, alcohol imposes enormous costs on society,'
says George Hacker, the undisputed general of the nation's
alcohol-control forces. 'Because this is an addictive substance.
And because it can be purchased 24 hours a day and is sold in
colorfully packaged containers that appeal to kids.'
Then there's Anheuser-Busch. The world's largest brewer, it
controls 45 percent of the American beer market; its flagship,
Budweiser, sells nearly as many cases as all Miller brands
combined. The company has a payroll of nearly 25,000, annual
revenues of $11 billion and brewing plants in 11 states. To
defend this far-flung empire, Anheuser-Busch has a lobbyist in
every state capital. In Sacramento, it has Dane Starling, a
retired Army general who served as Norman Schwarzkopf's
right-hand man in the gulf war. In Washington, the company has
two full-time lobbyists plus 13 outside agencies ready to help
with everything from antitrust matters to public relations. By a
happy coincidence of geography, Anheuser-Busch is situated in
the Congressional district of Dick Gephardt, the House minority
leader, and over the years it has contributed generously to his
campaigns.
Anheuser-Busch has also backed the Democratic Party. During
the 1992 Presidential campaign, Anheuser-Busch gave $105,000 to
the Democratic National Committee. And during Clinton's first
term, August Busch 3d, the company's chairman, was an occasional
visitor to the White House; among other things, he attended the
President's first state dinner, for the Emperor of Japan. In the
1996 election cycle, Anheuser-Busch donated more than $400,000
to the Democratic Party. No wonder the company's trademark
Clydesdales were invited to march in the inaugural parade. More
important, the Clinton Administration has not proposed a single
new tax or advertising restriction on beer or alcohol generally.
No group better exemplifies big alcohol's aggressiveness than
the National Beer Wholesalers Association (N.B.W.A.), which has
recently emerged as one of the Republican Party's biggest
backers. The beer wholesalers are the people who deliver beer
from the brewery to the retailer. The typical wholesaler owns a
warehouse and a fleet of trucks, has three dozen employees and
takes in $9.3 million a year. Most are prominent citizens
accustomed to speaking their minds. And they are found in every
Congressional district, providing a powerful network that can be
mobilized at a moment's notice.
The N.B.W.A. is housed in a squat, modern office building in
Alexandria, Va. Its 24-person staff is directed by Ron Sarasin,
a genial, polished, tanned-in-winter ex-congressman from
Connecticut and former chief lobbyist for the National
Restaurant Association. When Sarasin became president of the
wholesalers, in 1990, it was a sleepy organization with little
political influence. Just how little became clear a few months
after Sarasin took over, when Congress, seeking to reduce the
Federal deficit, voted to double the excise tax on beer, to $18
a barrel. It was the first such increase in 40 years, and while
it did not begin to make up for inflation over that period, the
industry felt it was taking a hit. Intent on boosting the beer
wholesalers' presence on Capitol Hill, Sarasin enlisted the
services of David Rehr.
In conservative circles, Rehr (pronounced RARE) was already
something of a legend. The son of a Chicago postman, Rehr had
been involved in politics since 1980, when as a student at St.
John's University in central Minnesota he went to work for the
Congressional campaign of a young Republican named Vin Weber.
When Weber won, Rehr accompanied him to Washington, and over the
next six years he got to know the new insurgent breed of House
Republican (Newt Gingrich included). In 1986, Rehr joined the
National Federation of Independent Business, where he honed his
lobbying skills and antigovernment creed. In one memorable
battle, over new health-care regulations for small businesses,
Rehr defeated Dan Rostenkowski and the rest of the Democratic
leadership. Impressed, Sarasin convinced him to come work for
the N.B.W.A. as its vice president for government affairs.
He certainly had his work cut out for him. "On a scale of 1
to 10, the N.B.W.A. was at a 3," Rehr recalled. "My job was to
take it to 7.5 and eventually to 10." We were talking in a
conference room at the association's headquarters, a building
whose interior is so spotless that it feels like a museum. With
his smooth face, thick brown hair, crisp white shirt and
tasseled loafers buffed to a military shine, the 38-year-old
Rehr seemed spotless, too. Unlike many lobbyists who shun the
limelight, he is expansive about his efforts to promote beer --
efforts that, he quickly noted, differed sharply from tobacco's.
"The tobacco industry had the attitude of an elephant hiding
behind a telephone pole," he said. As an example, he cited Duke
University: it was founded with tobacco money, but industry
executives, fearing negative publicity, don't mention this. In
contrast, Rehr said: "Our view as beer wholesalers is that we're
proud of our product -- we're going to put the elephant on the
street. We have to make sure we remind people that beer is an
integral part of our culture."
That philosophy guided Rehr as he set about remaking the
N.B.W.A. His first task was to devise a catchy slogan that
summed up the work of beer wholesalers. From his time on the
Hill, he knew that when meeting members, "you don't have 15
minutes to explain who you are." Batting around ideas with a
friend, he eventually hit on "Family Businesses Distributing
America's Beverage." The phrase evoked beer's association with
baseball, picnics and the Fourth of July, and everything
subsequently sent to the Hill would bear it.
Step 2 was increasing the N.B.W.A.'s visibility. An early
opportunity came in January 1993. With President Clinton
preparing his health-care-reform package, there was talk of
financing it in part by another tax hike on alcohol, beer
included. Rehr immediately sent out faxes to the association's
members, urging them to call the White House and express their
opposition. The phone lines were soon jammed, and the proposed
increase was quickly dropped. Encouraged, Rehr set up a "blast
fax" capacity at his office, enabling him to send out action
alerts to N.B.W.A. members, as well as to members of Congress,
when urgent issues arise.
To lend weight to those appeals, Rehr moved to expand the
N.B.W.A.'s political action committee. Prior to his arrival, Six
PAC, as it is informally called, was spending about $430,000 per
two-year election cycle. Under Rehr's prodding, that figure
quickly jumped to $1.5 million -- more than even the A.F.L.-C.I.O.
could muster through its PAC. Convinced that the best way to
promote the wholesalers' interests was to elect a pro-business
Congress, Rehr bestowed most of that money on Republicans. He
also made a point of giving to candidates in close races, thus
increasing their sense of indebtedness. The N.B.W.A.'s money
helped engineer the Republican takeover of the House in 1994, an
event that gave the association many powerful friends in
Congress.
Those friends have been eager to show their gratitude. Every
spring, for instance, the association holds a legislative
conference in Washington, bringing in wholesalers and brewers
from around the country to lobby on key issues. For the 1997
meeting, more than 800 showed up. They were addressed by a
number of congressmen, including Republican leaders as well as
Dick Gephardt, who praised Anheuser-Busch and expressed support
for H.R. 158, an N.B.W.A.-inspired bill to roll back the 1991
beer-tax increase.
When it was first introduced, H.R. 158 was given little
chance. But the N.B.W.A. made it a top legislative priority, and
at the spring conference, Rehr roused the troops with a stirring
description of all the jobs and sales that the earlier hike had
cost the industry. Soon after, the wholesalers descended like an
angry pack on Congress, seeking out their individual
representatives and urging them to support H.R. 158. It now has
more than 80 co-sponsors.
In some cases, Rehr has worked hard to make sure Congress
does not act. A good example occurred two years ago, after
Seagram, breaking a 48-year-old voluntary ban on hard-liquor
television ads, decided to begin running commercials for Crown
Royal whisky and other products. With public protest flaring,
subcommittees in both the House and Senate scheduled hearings on
the issue. Rehr -- worried that beer's own right to advertise
would be called into question -- met with several Senate staff
members to express his concern. "I made the case that we have
been responsible in our advertising," he said. "We didn't want
the hearing to become a circus. They'd bring in all the
'neo-prohibitionists' and let them go crazy. And they'd bring in
the spirits people, who would dump all over us."
George Brown, head of the Beer League and a leading state
lobbyist, knows how he will fight to keep the loophole that
allows 18- to 20-year-olds to enter bars in Louisiana. He handed
me a list of upcoming fund-raisers for state legislators,
pointing out those the league will be supporting.
With Anheuser-Busch and the Beer Institute also weighing in,
the hearings were postponed several times, then dropped
altogether. Owing to beer industry pressure, then, Congress
passed up a major opportunity to investigate the issue of
alcohol ads on television.
Rehr has made some missteps. In 1996, for instance, he
suggested that the N.B.W.A. invite William Bennett to speak at
its annual fall convention. "When I was working on Capitol Hill
in the 80's and Bill Bennett was drug czar," Rehr recalled, "I
heard him give one of the most amazing talks on the
physiological addiction of crack cocaine. I thought it would be
really neat to have him come talk to the beer wholesalers about
how bad drugs are, and how good beer is, and how we've been
responsible in fighting under-age drinking." Bennett was
interested but had a scheduling conflict. In early 1997, the
N.B.W.A. approached him again about speaking at that year's
convention, and this time Bennett agreed to do so (for $40,000
for a 35-minute speech).
In the interim, however, Bennett had published a book, called
"Body Count," on the fight against drugs and crime. While mostly
about illegal drugs, the book included a 13-page section on
"Liquor, Disorder, and Crime." "Make no mistake," the book
asserts, "liquor is as much a part of the problem as drugs,
perhaps a bigger part." The problem, "Body Count" asserts, is
particularly acute in poor inner-city neighborhoods, "where
liquor outlets cast their shadows everywhere." As a remedy, the
book calls for measures aimed at reducing alcohol consumption,
including stricter zoning codes and limits on advertising.
Bennett did not actually write the section on alcohol; one of
his co-authors, John DiIulio Jr., a leading commentator on
crime, did. But Bennett fully endorsed it, and when the book was
brought to the wholesalers' attention, they decided to disinvite
him. Bennett vented his displeasure on The New York Times Op-Ed
page. "I have a reputation for being a conservative," he wrote.
"And I am. But conservatives need to go where the facts, not
ideology, lead. And the facts tell us that there is a very
strong link between alcohol availability, consumption and
crime." He added: "If the liquor industry does not start acting
in a more socially responsible way, it may soon find itself held
in the same kind of esteem in which the tobacco companies are
now held."
Discussing the matter, Rehr did not try to conceal his own
pique. "I think Bill Bennett got ticked off that he couldn't
make $40,000 for a 35-minute speech, so he decided to lash out
at the beer people," he said. "I don't want to pick a fight with
the drug czar, because he does have a lot of followers and a lot
of influence. But I think it's very shortsighted of him to
attack an industry that helps elect and re-elect people who work
with him on a lot of issues." Overall, the incident highlighted
the tensions between the generally conservative beer industry
and Republicans concerned with alcohol's corrosive effects on
the commonweal.
Rehr has done his best to make sure those tensions remain
dormant. From time to time, for instance, he attends the regular
Wednesday meetings of conservative activists held at the offices
of Grover Norquist, the president of Americans for Tax Reform
and a well-known Republican networker. Represented are some 60
groups, including the National Rifle Association, the National
Right to Life Committee, the Gun Owners of America, the U.S.
Chamber of Commerce, the Christian Coalition and the Family
Research Council (run by the former Reagan aide Gary Bauer).
Despite their varied agendas, these groups share an interest in
keeping Congress antigovernment, pro-business and staunchly
Republican, and the meetings provide an opportunity to
coordinate strategies.
For Rehr, they also provide a chance to work with groups that
might otherwise cause him trouble. The Christian Coalition, for
example, might be expected to support such measures as sin taxes
on alcohol. In 1996, however, Rehr shrewdly enlisted it in
lobbying for a bill that would keep nonprofit organizations from
using Federal funds to lobby Congress, a cherished goal of the
coalition. "When beer wholesalers think of working with the
Christian Coalition, they get a little nervous," Rehr said with
a smile. "'Hey, they're the bad guys,' people say." As a result
of his work, though, the beer wholesalers have effectively
neutralized the coalition on alcohol issues.
More generally, the wholesalers, through the deft deployment
of money and contacts, have helped head off any moves in
Congress to address the public-health consequences of their
product -- something Big Tobacco failed to do.
For most of the last 15 years, George Hacker has run the
alcohol-policies project of the Center for Science in the Public
Interest, and perhaps more than anyone in Washington, he
understands how good Big Alcohol is at what it does. Courteous
and soft-spoken, with gray-flecked dark hair, small-frame
glasses and a slight build, Hacker in person seems unassuming,
but he is the undisputed general of the nation's alcohol-control
forces. As Hacker hastens to assert, he is no Carrie Nation;
last year, he ordered a case of Champagne to celebrate his 50th
birthday. He does, however, believe that alcohol is too readily
available at too low a price, and at his office near Dupont
Circle he is forever working to change that.
"Like tobacco, alcohol imposes enormous costs on society,"
Hacker said. "The question is, Is the industry doing enough to
reduce these costs or to compensate society for them?" Big
Alcohol, he added, "likes to look just at the individual. That's
the point of its messages to 'drink responsibly' and 'know when
to say when.' But it's not simply a matter of individual
responsibility. Because this is an addictive substance. And
because it can be purchased 24 hours a day and is sold in
colorfully packaged containers that appeal to kids. These are
the kinds of things that we're trying to target, much as in the
tobacco debate."
Yet as Hacker is the first to admit, alcohol is a far more
formidable adversary than tobacco. "Alcohol has been a lot
smarter than tobacco," he grudgingly noted. "It's been forced to
because of the experience of Prohibition. The industry knows
what can happen if it's not careful."
Hacker's struggles are compounded by his lack of resources.
He has a staff of just seven and a budget of $500,000. He cannot
afford to take anyone to lunch. And his organization has no
political action committee to make contributions to members of
Congress. As a result, he is constantly being outmaneuvered by
the industry. "Everything takes place behind closed doors," he
lamented. "Nobody wants to get up there and defend the alcohol
industry, or its advertising." Hacker is particularly
disappointed in the Clinton Administration, which he believes
has an even worse record on the issue than the Bush
Administration. Donna Shalala, Secretary of Health and Human
Services, has met with both the Distilled Spirits Council and
the Wine Institute but has turned down requests to meet with
public-health advocates on alcohol.
Even religious organizations have shunned Hacker. "We've
tried to recruit the Christian Coalition -- for instance, on the
liquor-advertising matter," he complained. "It would seem a
natural for them. I've talked to their lobbyist. But they've
been playing worse than hard to get."
MADD has been no less frustrated. Founded in 1980, Mothers
Against Drunk Driving is today among the most respected
grass-roots organizations in the country. It is also among the
largest, with tens of thousands of volunteers working through
600 chapters and community action teams to combat drunk driving
and other forms of alcohol abuse. Based in Irving, Tex., MADD
has no office in Washington, making do there with a single
part-time lobbyist. "We're not a bunch of politicians or
high-priced lawyers," said Katherine Prescott, who recently
ended a two-year term as president. "We don't have the money to
invest in lobbyists and PAC's."
As president, Prescott, who joined MADD after her 16-year-old
son was killed by a drunken driver, set as her top goal lowering
the nation's legal definition of intoxication to a
blood-alcohol-content level of 0.08. The National Highway Safety
Administration has determined that a typical 170-pound man has
to consume more than four drinks on an empty stomach in one hour
to exceed 0.08. At that level, its studies have found, most
drivers are significantly impaired. Yet 33 states have set their
blood-alcohol limit at 0.1.
In early 1997, bills were introduced in the House and Senate
to cut Federal highway funds to states that failed to adopt the
0.08 standard. To help line up co-sponsors, Prescott began
making trips to Washington from her home in Greenville, N.C. At
every turn, however, she encountered Rick Berman, the general
counsel of the American Beverage Institute. The institute
represents some of the nation's largest restaurant chains,
including Thank God It's Friday, Ruth's Chris Steakhouse and
Hooters, and it works closely with the alcohol industry. Fearing
the effect 0.08 might have on their businesses, the institute
directed Berman to fight the legislation. A tall, balding,
energetic lawyer, Berman began writing op-ed pieces, meeting
with journalists and appearing at hearings. If 0.08 were
adopted, he warned, in what became a kind of rallying cry, a
120-pound woman having two six-ounce glasses of wine over a
two-hour period would be subject to arrest and imprisonment.
Prescott bridles at such talk. The American Beverage
Institute "has made this issue its life's work, saying we're
trying to keep people from social drinking," she said. "Frankly,
I don't care how many drinks a guy has -- two, three, four or
whatever -- if 0.08 is the level most people are impaired at,
that should be the legal limit."
MADD received a big boost earlier this month when President
Clinton announced his support for 0.08, the adoption of which
would save more than 500 lives a year, according to the National
Highway Traffic Safety Administration. A few days after the
President's announcement, the Senate voted to adopt 0.08, but a
tough fight is expected in the House, where Berman is
concentrating his energies, and where David Rehr and the beer
wholesalers are mobilizing their many friends against the bill.
But in the field, away from the capital, things don't look
all that different. It is true that at the grass roots, the
nation's alcohol-control forces have been most aggressive, and
have finally fought their way into the corridors of power. But
progress has been slow and difficult.
Louisiana's experience is in many ways the most telling. Just
a few years ago, members of the MADD chapter in Baton Rouge
could barely get a hearing in the Legislature. Linda Hull, a
volunteer, still gets worked up when she recalls what it was
like. A Louisiana native with short blond hair, large eyes and a
friendly manner, Hull joined MADD in 1991. Four years earlier,
her eldest daughter, a student at the University of Texas, was
killed when a drunken 18-year-old plowed head-on into her car.
Five months later, Hull's 17-year-old stepdaughter was being
driven home by her date; drunk, he ran a stop sign, and the car
was hit broadside, killing the girl. Then, in 1991, Hull's
youngest daughter, a junior-college student, was walking out of
a Louisiana dance hall when a drunk driver lost control and hit
her; she, too, was killed.
Seeking an outlet for her grief, Hull joined MADD. In 1993,
she made her first appearance before a legislative committee.
The issue was Louisiana's drinking-age law. At the time, the law
prohibited those under 21 from buying alcohol but allowed bars
to serve them -- a surreal concession to the industry that
effectively gutted the law. Intent on dramatizing the toll this
had taken, Hull expected an attentive audience. Instead, while
she testified, the legislators chatted with one another and
walked in and out of the room. Later, in the lobby, a state
senator approached her and asked her to go to a party with him.
"I couldn't believe this guy was coming on to me," she recalled.
By contrast, when it was George Brown's turn to testify, the
senators listened raptly and called him by his first name. Back
then, any measure seeking to toughen the state's drinking laws
could never even make it out of committee. In a reflection,
perhaps, of the nature of Louisiana politics, the commissioner
of the alcohol control board was a good friend of Brown's.
Then, in 1992, Richard Leyoub was elected the state's
attorney general. An activist Democrat, Leyoub wanted to tackle
the problem of substance abuse in Louisiana. To get a sense of
its scope, he began holding hearings around the state. "When the
students were asked what the biggest problem was in their
schools in terms of substance abuse, I expected them to say
marijuana, or crack cocaine, but in every area in the state,
metropolitan as well as rural, the answer was alcohol," recalled
Ieyoub, a stocky, forceful man whose office in the Capitol
building is crammed with mementos of Napoleon, Churchill and
other heroes.
Ieyoub's first priority was getting rid of the provision that
allowed bars to serve those under 21. To push for change, Ieyoub
formed a coalition of police officials, treatment providers,
community activists and religious groups. "Legislators began to
get calls from their constituents," he recalled. "They began to
sense a shift in people's attitudes toward alcohol."
Finally, in 1995, the Legislature voted to make it illegal
for bar owners to serve those under 21. The industry challenged
the new law in court, but it was eventually upheld. At long
last, Louisiana had joined the rest of the nation in adopting
the 21-year-old standard. A problem remained, however. While the
new law made it illegal for 18- to 20-year-olds to drink in
bars, it did not prohibit them from entering bars -- a loophole
that made the law unenforceable in most cases.
Once more, the alcohol-control forces went to work. This
time, they would have an important new ally. Dr. Richard
Scribner was a preventive-medicine specialist at the University
of Southern California School of Medicine. In the early 1990's,
Scribner became interested in the link between alcohol
availability and crime, and a study he did in Los Angeles County
revealed that the rates of violent crime were measurably higher
in areas that had more liquor outlets, even when such factors as
unemployment, income level and racial composition were taken
into account.
Scribner's work came to the attention of Dr. Deborah Cohen of
the Louisiana State University Medical School in New Orleans.
Contacting him, Cohen argued that if he really wanted to study
outlet density, he should come to New Orleans. Scribner, who was
living on a farm north of Los Angeles with his wife, four sons
and five goats, was reluctant, but Cohen eventually made him an
offer he could not refuse, and so in late 1994 he became an
assistant professor at the L.S.U. Medical School.
He was not quite prepared for the Big Easy. "I thought, 'Wow,
this place is different,"' said the 43-year-old Scribner, a
tall, balding, ebullient man. "It was a shock to see people
getting out of cars drinking. There were people walking through
malls drinking. Even the doughnut shops served alcohol."
As in Los Angeles, Scribner went about mapping the city. In
the end, he found that census tracts with two liquor outlets had
an average of two homicides every four years, compared with one
homicide in tracts with just one outlet.
Once his findings were in, Scribner began sharing them with
police officials and inner-city church ministers. City council
members were so impressed with his maps that they prepared new
ordinances aimed at making it easier to crack down on problem
outlets. Scribner also met with representatives of MADD and
other grass-roots groups, providing scholarly evidence for the
positions they had instinctively taken.
Meanwhile, a series of financial scandals was weeding out
some of George Brown's friends in the State Legislature. And
Edwin Edwards, the freewheeling Governor, was replaced by Mike
Foster. A Republican businessman with close ties to the state's
oil and gas industries, Foster would seem an unlikely ally for
the alcohol-control movement. But as a state senator he had
shown reformist tendencies, and soon after becoming Governor he
appointed a new, more independent head of the alcohol-control
board. He also attended a MADD news conference. "From that
moment on, people talked with us," said Cathy Morgan Childers,
the director of victim services at MADD's Baton Rouge office.
"It gave us a lot of validation." At MADD's suggestion, the
Governor set up a task force to explore ways of getting the
state's drunk drivers off the roads.
Then, in late August, Benjamin Wynne of L.S.U. died from
alcohol intoxication. Amid the ensuing outcry, Scribner took his
mapping techniques to Baton Rouge. Within a half-mile of the
L.S.U. campus, he found, there were 50 alcohol outlets -- 16 on
one block. "This is a density equivalent to what you would find
in the heart of the French Quarter," Scribner wrote in a
blistering column in The New Orleans Times-Picayune. The alcohol
industry was not pleased. With his maps, Scribner was stirring
up the populace. "He's definitely had an effect on the political
process," observed Chris Young, executive director of the
Louisiana Association of Alcoholic Beverage Licensees, a group
of alcohol retailers.
A tall, burly 35-year-old lawyer given to speaking his mind,
Young is being groomed to take George Brown's place as head of
the Beer Industry League when he retires. Speaking in the
Rivershack Tavern, a charmingly ramshackle bar on the banks of
the Mississippi River, Young described his efforts to make bars
more responsible through server-training programs, in which
bartenders are taught to recognize minors and those drinking too
much. In the end, though, he said, the best way to prevent abuse
among the young would be to lower the drinking age to 19. That
way, he said, teen-agers would do their drinking in bars and
other controlled environments, rather than in private apartments
and frat houses, where, he said, abuse was more likely.
Young became most animated when Scribner's name came up.
"He's so far out there," he said with a scowl. Questioning
Scribner's reasons for coming to New Orleans, he said: "All of a
sudden he appeared here, talking about raising taxes and the
like. I believe he was imported to the state of Louisiana to
attack the alcohol beverage industry." Scribner's research, he
added, "needs to be discredited."
Young made an effort to do that at the Dec. 3 meeting of the
Governor's task force on drunk driving. Scribner, he said, had
"spent thousands of dollars on three studies, funded by who
knows who, and he drew certain conclusions, and uses them
against certain entities, but we're saying there's strong
evidence that he doesn't know what he's talking about." Ending
with a flourish, he said, "I am addressing the credibility and
competence of Dr. Scribner." In the end, however, the task force
sided with Scribner, voting overwhelmingly to recommend that the
Governor introduce legislation in 1998 to close the loophole.
This week, the Louisiana legislature is to begin a special
session devoted to fiscal matters. The Governor, though, can
introduce a few nonfiscal bills of pressing importance. With the
memory of Benjamin Wynne still fresh, and his own task force
taking such a strong stand, alcohol-control advocates regarded
it as foregone that Governor Foster would include the
loophole-closing bill in his package. Yet more than two months
after the task force's vote, he had yet to make a decision. "We,
like any other state -- and probably more so, because of the
culture here -- have problems with alcohol," Foster explained in
an interview. "But I've got some major things I need to get
done, and since it's a short session, we want to keep
controversial things out."
On March 12, Foster did finally decide to go ahead and
introduce the bill. Its prospects in the Legislature remain
uncertain, however, and even if the measure does carry, the
alcohol-control movement has no other item on its agenda, like
tax hikes or advertising restrictions, that would further
challenge the industry. For all the new activism in Louisiana,
the liquor lobby there remains firmly in command.
The same is generally true elsewhere. The new push by
community groups has been met by an equally vigorous counterpush
by the industry. And in terms of money, influence and
connections, the public-health forces simply can't compete. From
Baton Rouge to Washington, Big Alcohol seems unassailable.
Of course, that's what was once said of Big Tobacco. As
recently as five years ago, Philip Morris, R.J. Reynolds and the
rest of that industry seemed politically invincible. Then came a
series of unforeseen developments -- the leak of sensitive
documents, the emergence of a whistle-blower, the public
relations debacle of tobacco executives testifying under oath in
Congress and, finally, the election of a President ready to take
on the industry -- and the walls that Big Tobacco had so
carefully erected came tumbling down. Big Alcohol, having so
intently studied tobacco's fortunes, knows that it could suffer
the same fate. Industry executives, in fact, live in constant
dread that some event -- a celebrity killed by a drunken driver,
say -- will ignite a blaze of public indignation that they will
not be able to put out.
But David Rehr, George Brown and all the rest are working
hard to make sure that their business does not go up in smoke.