CITY LAW LIMITS ALCOHOL ADS; PROMOTION OF LIQUOR, BEER, WINE TO BE POSTED OUT OF MINORS' SIGHT.

Byline: Dominic Berbeo Staff Writer

A half century after Prohibition failed, Los Angeles is in a pitched battle with beer, wine and liquor companies over a law designed to keep alcohol ads and billboards out of sight from minors.

On Saturday, a city law will take effect to force companies to remove alcohol billboards, storefront advertisements and neon signs from within 1,000 feet of places frequented by minors, including schools, residential zones, religious institutions, parks and playgrounds.

Today, the city is scheduled to go to federal court in an effort to dismiss a lawsuit filed by a group of advertisers, grocers and alcohol companies that are trying to block the law.

``Alcohol and tobacco advertising contribute to illegal consumption of these products by minors,'' said City Councilman Mike Feuer, who sponsored the law. ``The city now has the tools to address that problem, and I'm confident the courts won't take them away from us.''

Representatives of alcohol companies disagree, claiming in their lawsuit the law violates free-speech rights and will unfairly hurt businesses.

``The Los Angeles ordinance seriously hinders the ability of businesses to communicate with adults about lawful products,'' said Steven Brody, an attorney for the plaintiffs. They include the Korean-American Grocers Association, Mexican-American Grocers Association, California State Package Store and Tavern Owners Association, California Beverage Merchants, California Beer and Beverage Distributors, Outdoor Advertising Association of America, Beer Institute and Wine Institute.

City Attorney James Hahn said he expects the law will stand up against any First Amendment challenge.

``Kids are being bombarded by messages from the alcohol and tobacco industries using cute animals to feel positive toward a product we're telling them is bad, and that's wrong,'' Hahn said.

The U.S. Supreme Court has not ruled on this issue, but federal courts have supported regulation of advertising aimed at children.

A similar law in Baltimore withstood a legal challenge by the alcohol industry in 1995, said Deputy Los Angeles City Attorney Mike Klekner, who is handling the case.

The opinion by the 4th District Court of Appeals in the Baltimore case held the decision ``conforms to the Supreme Court's repeated recognition that children deserve special solicitude in the First Amendment balance because they lack the ability to assess and analyze fully the information presented through communications media.''

But plaintiffs argue in the lawsuit that city council has produced no scientific proof that advertising for alcoholic beverages on publicly visible media causes minors to purchase or consume alcoholic beverages.

Another key argument against the law is that the city failed to try other methods of keeping alcohol away from minors before restricting speech, the lawsuit says.

``In order to restrict advertisements, the government has to show there is a strong public interest that can only be remedied by controlling advertisements, and they haven't done that,'' said Kelli Sager, another attorney for the plaintiffs.

``There's already a state law that bans advertisements aimed at minors, and all the city has to do is enforce it,'' she said.

The city, along with a grass roots coalition of community organizations, argues the advertisements have increasingly been aimed at minors, who cannot legally purchase tobacco or liquor.

``The industry has knowingly and with clear intent, targeted their product for consumption by minors,'' said Pueblo y Salud director Xavier Flores, whose group has formed the San Fernando Valley Alcohol Policy Coalition, with about a dozen other community organizations, to support the law.

Kenneth Karst, a UCLA law professor specializing in First Amendment issues, said children have historically been given special protection (by the courts) from media content in literature and advertisements.

According to the ordinance, the new rules are intended to help reduce the illegal consumption and purchase of alcoholic beverages by children and minors by limiting their exposure to the advertising of alcoholic beverages.

According to a 1997 nationwide survey by the Centers for Disease Control and Prevention, 50.8 percent of high school students reported using alcohol, and 36.4 percent said they smoke cigarettes.

A study published in the American Journal of Public Health in 1994 found children who are more aware of alcohol advertising tend to be more knowledgeable about beer brands and slogans, have more favorable attitudes toward drinking and report a greater intention to drink as adults.

The city's Building and Safety Department is in charge of enforcing the new law. Violations are considered a misdemeanor with a maximum fine of $1,000 and probation, and each violation of the ordinance will be treated as a separate offense.