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-   -   Drinking age question (https://www.flyertalk.com/forum/delta-skymiles-pre-worldperks-merger/416801-drinking-age-question.html)

JPoor007 Apr 1, 2005 3:34 pm

I get carded all the time in F when I get upgraded and they check my BP. Either that, or "are you sure you're old enough?" But I never get asked that when I buy a beverage in Y.

dhuey Apr 1, 2005 11:19 pm

I am curious about this drinking age question. It's come up before, and I've read a few other FT threads on it. Several FTers had the same impression I did -- there must be some federal regulation on it. Nonetheless, I've been unable to find any. I searched "alcohol" at the FAA site, but nothing came up related to drinking age.

Does anyone have a citation to an applicable federal regulation or code section? Perhaps there really is no federal law on this.

MegatopLover Apr 2, 2005 6:11 am

I've wondered about that too but unfortunately cannot supply an answer. Although I might have started looking in Part 91 of the FAR (Federal Aviation Regulations), which applies to aviation generally, the Reg. could be someplace totally different and apart from the FAR, such as general sections on the channels of interestate commerce. The FAR might also have a seemingly innocuous cross-reference to a general transport or railroad code-section, for example, where the meat of the reg. appears. Far more likely, though, it appears in the U.S. Code (statutes) rather than Code of Federal Regulations. Since alcohol-control is a matter of nearly exclusive state power (under the 21st Amendment repealing prohibition), most any regulatory actions at the federal level would need fairly clear authorizing power from Congress, as opposed to general "authority to prescribe appropriate regulations for the safety of air travel."

PT22064 Apr 3, 2005 12:17 am


Originally Posted by MegatopLover
I've wondered about that too but unfortunately cannot supply an answer. Although I might have started looking in Part 91 of the FAR (Federal Aviation Regulations), which applies to aviation generally, the Reg. could be someplace totally different and apart from the FAR, such as general sections on the channels of interestate commerce. The FAR might also have a seemingly innocuous cross-reference to a general transport or railroad code-section, for example, where the meat of the reg. appears. Far more likely, though, it appears in the U.S. Code (statutes) rather than Code of Federal Regulations. Since alcohol-control is a matter of nearly exclusive state power (under the 21st Amendment repealing prohibition), most any regulatory actions at the federal level would need fairly clear authorizing power from Congress, as opposed to general "authority to prescribe appropriate regulations for the safety of air travel."

I'm not an expert on federal aviation regulations (by any stretch of the imagination), but I don't believe that the aviation regs address passenger drinking. I did a quick search and found regs relating to drinking by crew members (e.g., Part 121, Part 91.17). I also recall that a few years ago Senator Diane Feinstein introduced legislation to limit passengers to no more than 2 drinks in order to prevent "air rage" (there had been several highly publicized incidents where intoxicated passengers had to be restrained during a flight). However, I don't think that the legislation ever got anywhere.

I'm not sure I agree with your statement that the 21st Amendment makes "alcohol control ... a matter of nearly exclusive state power." The 21st Amendment repealed the 18th Amendment, but did not prohibit all federal regulation of alcohol. Just tell the federal ATF (Alcohol, Tobacco and Firearms) agency that they have no authority over interstate shipments of alcohol.

It's probably true that Congressional power under the Constitution's Commerce Clause to regulate alcohol (and in particular to impose criminal liability for underage drinking) may be somewhat limited, but the loophole is that the Constitution's Spending Clause gives Congress a backdoor to force the states to toe the federal government's line. Notably, the Supreme Court upheld the federal Uniform Drinking Age legislation (backed by President Reagan) as a constitutional exercise of Congress's Spending Power (see South Dakota v. Dole).

It's a bit hard to say what is the actual limit of the federal government's authority to impose criminal sanctions for alcohol use (e.g., make it a crime to drink alcohol during a flight, or to limit the amount of drinking with a blood alcohol concentration limit). Given the complexity of federalism issues and the Supreme Court's flip-flopping over the years about "states' rights," I would not even try to guess how the Court would rule. On the one hand, the Court struck down certain federal gun control laws in United States v. Lopez. And in United States v. Morrison, the Court also held that it was unconstitutional for the federal government to let a rape victim sue her rapist. On the other hand, it appears likely that the Supreme Court will uphold the federal ban on medical marijuana in Ashcroft v. Raich.

SPN Lifer Apr 27, 2005 3:46 am


Originally Posted by platbrownguy
Once on America West, I ordered a drink after being opuped to F onboard, and he asked for ID. I rolled my eyes, said "you're joking, right?", and stared at him as he fetched me my Glenmorangie. :)


Originally Posted by dspringer28
Two things I have noted (not me personally, other pax), is one that the "nicer" the drink the less they card (ie beer vs. wine) and the better dressed the less likely to card.


Originally Posted by platbrownguy
Usually at a restaurant I do something like ask what they have on tap so it appears as though I normally drink beer at a restaurant, and am not just some underage hooligan.

My sons are only 11 and 12, but I'll have to teach them these technique when they're older, for flights over international waters only.

I'll probably let them drink their first glass of wine with lunch on such an international flight when they're 13 or 14. This whole notion of alcohol as "forbidden fruit" contributes to its allure and to peer pressure to abuse it. I'd rather teach them to drink responsibly.

Sex, on the other hand, is another story, for reasons they well understand already, and as discussed further in OMNI.

Likewise, drugs.

Originally Posted by PT22064
Notably, every state in the US (since around 1988) has a minimum drinking age of 21. This is, of course, thanks to President Ronald Reagan who pushed through legislation (in 1984?) forcing states to raise the drinking age to 21 under the threat that the states would otherwise lose federal highway funds.

However, the Commonwealth of Puerto Rico and the Territory of Guam still have 18 year drinking ages. Not too many Interstates there!

dan1431 Apr 27, 2005 7:17 am

I look very young(however, I am 25) and to date have not been carded. Sometimes, I am curious as to why I have not been carded and I get the same anwser each and every time.

You are a PLT and I figure that if fly that much either you are under 21 and the airline is making so much money off of you that the few under age drinks is okay or you must over 21. Either way as long as you do not tell I will not.

Dan

andymo99 Apr 27, 2005 8:20 am


Originally Posted by SPN Lifer
...Sex, on the other hand, is another story, for reasons they well understand already, and as discussed further in OMNI...

Can you provide a link to OMNI where you discuss this prohibition? I'm interested to hear the reasons.

vincom Apr 29, 2005 1:17 pm


Originally Posted by MCI777
I was actually on a Continental flight between MCI-IAH and I was sitting next to a girl who was 20 at the time. She tried to order a drink and the FA in FIRST CLASS asked for her ID. Needless to say, she didnt drink that day!

I've only been IDed once on Continental. I'm 20 right now turning 21 6.15, and every since I've been sitting up front (19 to now) - just once I've been IDed...

-Vincent

Delta Hog Apr 29, 2005 1:45 pm


Originally Posted by emcee
Recently, my often travelled MCI to SLC in route to other west coast destinations switched from SkyWest to ASA. The first flight on ASA returning from SLC to MCI was a late evening flight and I asked for a beer and was denied.

It was not because of age, but rather because they had no liquor on the flight. The FA explained that ASA had not yet secured it's liquor license from the state of Utah yet. Could this make sense?? MC

No, I don't think it does, unless UT has a different license for beer than it does for liquor. I was on the same flight 4/15, and the galley was stocked with liquor and soft drinks, but not beer and wine. I wanted a beer and they didn't have any. They didn't give any reason, but I was able to get a vodka tonic.

On another of the topics expressed in this thread, I've heard of a case from Kansas where they brought legal action (civil? criminal? I don't know) against either the passengers or crew of an airline who violated the liquor laws of Kansas while flying over. So there is precedent out there.

On a personal level, I was offered a beer at age 18 on a Christmas morning flight (!) from Cheyenne to Denver. Didn't take it . . . .

indufan Apr 29, 2005 8:08 pm


Originally Posted by Delta Hog
No, I don't think it does, unless UT has a different license for beer than it does for liquor.

Utah does.

Does anyone know if SkyWest beer is 3.2 beer?


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