Madison NORML

July 14, 2008

Tavern League a force to be reckoned with

Lobby group plays key role in state's culture of alcohol

Source: Ben Jones, Gannett Wisconsin Media click here.

MADISON — In the bars and restaurants of most Wisconsin cities, the influence of the state's tavern league hangs in the air.

Wisconsin, unlike every state that surrounds it, allows smoking in its taverns — a testament to the clout of the Wisconsin Tavern League, one of the most powerful special-interest groups in the state.

"They are able to stop things that they don't like and they are able to get much of what they want," said Mike McCabe, executive director of the government watchdog group the Wisconsin Democracy Campaign. "I don't think there's any interest group that bats 1000, but their batting average is pretty high.

"That's a testimony to the industry's influence."

It's also testimony to the important place that alcohol occupies in Wisconsin culture, which is more infused by booze than that of any other state, according to rankings by Gannett Wisconsin Media.

With 5,000 members, paid lobbyists, and an annual budget of more than $1 million, the league boasts that it's the largest organization of its kind in the country. It sets the course for scores of legislative proposals in the state Capitol.

In short, it has the power to pass or stop legislation.

"We have a voice, and we're proud of that voice," said Rob Swearingen, the league's president. "Fortunately, a lot of legislators are paying attention."

A review of public records shows the tavern league to be very active. According to records from the state Government Accountability Board, the league lobbied the state Legislature on 47 different bills and proposals last legislative session. The league spent 654 hours and $83,000 on the effort.

The league focused its lobbying effort on 11 measures, including a statewide smoking ban, records show.

"Sometimes we get the negative connotation, but we are looking out for our members," Swearingen said.

"You don't drive a car without insurance and you sure as hell wouldn't run a tavern without the Tavern League behind you."

During the last legislative session, the league was successful in passing or blocking five of 11 legislative proposals it actively lobbied.

McCabe said it's not the tavern league alone that wields influence in the industry.

"It's the industry as a whole," McCabe said. "It's not just the taverns, but the people that make the product, distribute the product and ultimately sell the product."

"They are all part of this industry that has enormous influence in Wisconsin. It's a formidable industry when you put all the pieces together."

According to data collected by the Democracy Campaign and state records:

# 118 members, or nearly 90 percent of the 132-member state Legislature have received campaign contributions from people affiliated with the alcohol industry.

# Contributions from the alcohol industry to state lawmakers and campaign contributions totaled nearly $1 million.

# Both major parties collected thousands in contributions. Republicans, who have held more seats in the state Legislature over the last five years, received $634,000 from the industry. Democrats received about $360,000.

# Gov. Jim Doyle, a Democrat, has received more than $383,000 from the industry.

# In the last legislative session, the five lawmakers who received the most in alcohol contributions took no votes that ran against the Tavern League's key stances on legislation.

Swearingen said the league is the "the watchdog for the industry."

He said that, for some reason, people often perceive the league as a sort of powerful "evil empire." That's not accurate, he said.

"I'm not quite sure how that got started or where it comes from, but the fact of the matter is the tavern league is made up of about 5,000 small independent (businesses,) and a lot of them are mom and pop taverns," Swearingen said.

"In some ways, I guess we are flattered that we are considered this great and powerful league, but the fact of the matter is it's the tavern right down you're street."

The league, which is based in Madison, works against legislation that would negatively affect state taverns. Swearingen said sometimes lawmakers push legislation without considering the effect on taverns, an industry he says is key to the state's economy.

"We're one of the largest employers as a whole for the state of Wisconsin," he said. "It's huge and the dollars are huge."

Ray Bruch, a tavern owner from Langlade County and a member of the league's state board, said the league is a firewall for taverns.

"That's why we are an organization; to be able to sell legal products, to be able to allow legal adults into our establishments … we're not asking for more. We're trying to keep our operations level."

Kari Kinnard, state executive director of Wisconsin MADD, has often lobbied on the other side of legislation than the league.

In many cases, the league has been active against drunken driving, and it has supported bills that combat the issue.

For example, the league sponsors a "Drink Responsibly Drive Responsibly" media campaign, and the slogan is featured prominently on its Web site.

But Kinnard said it's uncommon for the league to be working in the same direction on legislation as MADD. She said the group tends to back legislation targeting multiple offenders and high BAC offenders.

She said the league's view differs from MADD on laws involving low BAC or first- or second-time offenders. She said targeting these offenders is key to dealing with the problem of drunken driving.

Kinnard said it's difficult to match the league's clout in the Capitol.

"The tavern league offers a lot of money as their persuasion," she said. "The only thing we have to offer is victim stories. Unfortunately money wins over lives saved."

The league's clout was put to the test this year as health advocates and lawmakers launched the strongest effort to date to pass a smoking ban. The pro-ban movement, backed by radio ads and volunteer activists, has support among some key lawmakers and Doyle.

The tavern league flexed its muscle and brought about 1,000 members and supports to Madison to lobby lawmakers not to pass the ban.

The league was the only major group working to defeat the ban. Its success frustrated Rep. Steve Wieckert, R-Appleton, who authored smoking ban legislation.

"The Tavern League is the only group that's really trying to stop this and we have so many groups supporting this now, which is frustrating," Wieckert said. "The Cancer Society, the heart and lung associations the Medical Society, all of these good groups are on my side and yet we can't seem to overcome the hurdle of the Tavern League.

Despite backing from numerous health and trade organizations, the ban stalled in the Legislature before the main session ended in March.

McCabe said most opinion polls show that a majority of people in Wisconsin support a statewide smoking ban.

"And yet it was blocked," he said. "Lawmakers were more afraid of one special interest group than the voters as a whole. They were willing to take the risk of angering the solid majority of citizens that want smoking in public places banned. They weren't willing to risk alienating the industry."

In March, about 1,000 Tavern League members and supporters packed into a downtown Madison hotel for an annual legislative day that culminated with an evening reception. The league invited lawmakers to the reception, which was closed to the media.

Three years ago, the league held a similar event, drawing 100 state officials, including 48 state lawmakers. One lawmaker, state Sen. Russ Decker, D-Weston, was arrested for drunken driving later that night.

Later, a plea deal resulted in the OWI charge's being dropped.

Decker said he is not proud of the arrest, but he added that "politicians make the same mistakes as everyone else."

His experience that night did not affect the way he approaches alcohol-related legislation, he said.

Decker said the Tavern League represents a part of Wisconsin culture, and he points to its sponsorship of bowling leagues and the Safe Ride Home program as positive influences in the state.

"I've always been supportive of them," Decker said, referring to the league. "They're small-business people in our communities. People go there (to taverns) for Friday night fish fries or to play softball, play volleyball. ... They're our neighbors. They're part of our communities."

The state Ethics Board later fined the League for not charging lawmakers the full cost of the event, a violation of state lobbying laws. Lawmakers paid $5 to attend the reception, which included shrimp and all the beer they could drink. The board determined the actual cost of the reception worked out to about $30 a person, and it fined the League $2,500.

But the League's annual legislative days continued.

This year, Decker was a featured speaker.