March 5, 2009

To: AAF New Mexico Members
From: Clark Rector, Senior Vice President – Government Affairs
Re: New Mexico Senate Bill 514

State Senator Mary Jane Garcia, D-Dona Ana, has introduced S.B. 514, the Limiting Alcohol Advertising Near Youth Act.

The legislation would prohibit outdoor alcohol advertising in a publicly visible location within five hundred feet of any public playground, elementary school or secondary school, institution of higher learning or child care facility. It would also direct the alcohol and gaming division of the regulation and licensing department to appoint a youth alcohol advertising monitor.

Please contact members of the Senate and ask them to oppose this bill. S.B. 514 should be rejected because:

• It is likely unconstitutional. The Supreme Court (in Lorillard Tobacco Company v. Reilly, 533 U.S. 525 (2001)) struck down a Massachusetts law prohibiting outdoor advertising for tobacco within 1,000 feet of schools and playgrounds. The court ruled that the law did not sufficiently target those practices that appeal directly to youth.
• It is unnecessary. The Outdoor Advertising Association of America Advertising Practices for Children includes the rejection of advertising for all products illegal for sale to minors within 500 feet of elementary and secondary schools, public playgrounds and established places of worship.
• In these difficult budget times, appointing a youth alcohol advertising monitor is not the best use of limited state resources.

The New Mexico legislature Web site has a search engine to help find your Senator and links to e-mail addresses.

Please do not hesitate to contact me if you have any comments or questions.