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01/30/2013 05:22 PM

Bar commingling issue in State Supreme Court

They can get married and serve in the armed forces, so why shouldn't 18-year-olds be allowed in bars on Chippewa as long as they're not drinking? That's part of the argument being made by the attorney for one underage bar patron in Buffalo. And as YNN's Katie Morse tells us, a judge's decision will decide the next move.

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BUFFALO, N.Y. — If you go to a bar in the Chippewa District after 10 p.m., you won't see anyone under the age of 21. Last year, the city banned underage adults from getting into bars in the area.

It's a rule that doesn't sit well with 19-year-old UB student Colin Miller, who liked to spend time at Lux.

"I'm a college student. There's a lot of college students in Buffalo, and it's a great place to just meet other college students and talk, and you meet up with friends," said Miller.

Attorney Paul Cambria was in State Supreme Court Wednesday representing Miller and two bar owners. He says his client's aren't asking for underage drinking, just for 18-year-olds to be allowed to go into the bars - something he says is their right.

"He as an adult should be able to go into any public accommodation place for the purpose of not committing a crime, and he has the right to do that," said Cambria.

Cambria also says the city is overstepping its boundaries creating these types of rules. The State Liquor Authority already has regulations banning underage drinking, and laying out the penalties.

The city's attorney disagrees, saying Chippewa was a problem, and the legislature had every right to do something about it.

"You had underage drinking, criminal activity, violence, and we had call history reports that indicated there was a problem down there, and the council acted, and the mayor approved that legislation," said City of Buffalo Corporation Counsel Timothy Ball.

As for Miller, he says the bars he thinks are targeted by the law aren't the problem.

"If you want, I'd be happy to tell you places you can get a drink underage. And Lux is not one of them. If anybody wants to try, feel free to go to Lux on a Friday night, and buy a drink and see the process," said Miller.

A judge will make a decision on whether or not the lawsuit will move forward in the coming weeks.