`Magic Bus' Lawsuit Is Broadened

Posted: August 14, 1998

A class-action lawsuit challenging Avalon's ``magic bus'' campaign against underage drinkers and rowdy parties was expanded this week to include this summer's policy of charging youths under a state law prohibiting underage drinking in a public place.

The lawsuit, filed in U.S. District Court in Camden, alleges that Avalon's ``zero tolerance'' policy has routinely violated the constitutional rights of hundreds of youths spending the summer in Avalon.

Lawyers had originally sought a court order barring the town from charging underage drinkers under a borough ordinance barring underage possession of alcohol and prohibiting anyone under 21 from being in the presence of alcohol. But the town then began applying the state law, which carries a $500 fine plus community service.

This week, attorneys Frank Corrado and William DeStefano filed an amended complaint that challenges the constitutionality of applying the state statute to activities within private homes. Avalon says that the parties turn homes into enough of a public place to meet the letter of the ``alcohol in public'' law.

The lawsuit alleges that Avalon police are waging an ``overzealous and improper campaign . . . to discourage youthful visitors to Avalon, so as to rid the borough of group rentals, loud youth parties and underage drinking. . . . ''

The lawsuit also alleges that carting off whole housefuls of youths on the white school bus constitutes ``unreasonable and arbitrary'' detention and that the police lacked probable cause to make arrests ``en masse.''

Avalon officials have said they plan to fight any challenges to the ``zero tolerance'' policy, which they contend has reduced overall crime, noise and rowdiness in the resort. About 500 people were rounded up on the magic bus last summer; about half that many have been arrested this summer.

Mayor Martin Pagliughi has said that if the state statute is declared unconstitutional, he will work on getting the legislature to pass a new underage drinking law in advance of next summer's season.

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