Legal Question in Civil Litigation in Wisconsin

Hello,

I have a question on Wisconsin drinking laws. I know that residents are allowed to drink in Wisconsin if they are married to someone of legal drinking age. What rules apply if you are in a domestic partnership with someone of legal drinking age; can you drink alcohol? See below the response I received from Wisconsin Alcohol and Tobacco Enforcement. Can anybody help? Would I legally be allowed to drink alcohol while in a domestic partnership with a 23yo? (I am 19yo.)

Thank you,

Jessica

DOR Alcohol & Tobacco Enforcement [email protected]

12:32 PM (5 minutes ago)

to me

S. 125.07 allows an underage person (under age 21) to consume alcohol if accompanied by one's parent, guardian or spouse of legal drinking age.

I don't believe a partner in domestic partnerships qualifies as "spouse," however, the person of legal drinking age may be considered the guardian of the underage (law does not state "legal, court-appointed guardian").

I would have you defer the answer to your attorney for response to this question.

Sincerely,

XXXXXXXXXXXX

Wisconsin Alcohol & Tobacco Enforcement


Asked on 12/02/11, 10:41 am

1 Answer from Attorneys

JAY Nixon nixon law offices

I would tend to agree with the agency which answered your question in the negative. WI statutes which allow parents and other close family members to make decisions for their minor dependents as to whether or not to allow alcohol consumption in (for example) public restaurants. Since these laws to not refer to domestic partners granting permission, you would almost certainly lose in court if you used permission of an adult domestic partner as a defense to a public alcohol possession charge. However, if you object to this, you are welcome to petition to legislature to modify the law to allow a domestic partner to grant you such permission. Domestic partnerships in WI simply do not appear to be intended to convey all the same rights as a parental or marital relationship. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.

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Answered on 12/11/11, 7:20 pm


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