In October, 19-year-old Colin Miller presented a petition with over 8,000 signatures to the Buffalo Common Council. The UB student was protesting the new commingling law, which prohibits anyone under 21 from frequenting bars in the Chippewa Entertainment District.
The council threw it out. But Miller wasn't done yet.
His next move? A lawsuit.
Miller, a freshman digital media studies major, is suing the City of Buffalo for the commingling law. He joins UB alumnus Adam March, owner of Bayou Party Bar and The Lodge, and Daniel Valentine, owner of Lux nightclub, who are the other two plaintiffs in the lawsuit.
"My freedom to move as I like in a public establishment - not seeking the sale of alcohol - for a lawful purpose is being infringed upon," Miller said.
March said he was told the reasons for the ordinance were safety concerns - the underage patrons were creating higher amounts of criminal activity on Chippewa. He was also told the police couldn't handle the large crowds on college nights (Thursdays), the only night students under 21 were allowed at bars. The college night exception ended on Oct. 2.
"There is no policy [the city] can pass disallowing a particular age group that is going to curb violence altogether because violence is going to occur no matter what," March said.
Darius G. Pridgen, Ellicott District Common Council member, was not available for comment by the time of press.
Pridgen told The Spectrum in October, when College Night ended, the bar owners on Chippewa never renewed the provision for college night by the Oct. 2 deadline.
"I don't have a [say] on it," Pridgen said in October. "We would need to create new legislation to bring College Night back, and it would really depend on how long it takes people to talk and get on one page."
March feels the city was just trying to assign blame to 18- to 20-year-olds. He disagrees with the law and said the commingling is not the cause of violence, and none of the violence has come from patrons in one of his or Valentine's establishments.
"[The commingling law] was a knee-jerk reaction to their perceived increase of violence,"March said.
The Chippewa Entertainment District is safer if those under and over 21 are not congregated in one strip of bars in a small section of the city, Pridgen said in October.
He told The Spectrum there were "homicides, stabbings and underage drinking" during College Night and it was a "mess."
The lawsuit states March and Valentine experienced "debilitating drops in gross revenue directly correlating with the restriction and will be prevented from properly conducting their businesses, which include entertainment to any individual that enters for lawful purposes."
Since the ordinance was implemented, Valentine has lost $15,000 to $25,000 weekly, according to the lawsuit. March said his revenue loss has been similar.
"When a municipality infringes on our fundamental rights, then they have to do it with proper reasoning and with the least restrictive means possible," said Elizabeth Holmes, paralegal for the lawyer representing the three plaintiffs, Paul J. Cambria, of the Lipsitz Green Scime Cambria law firm.
Critics of the lawsuit call it "ambiguous." Holmes said the way the ordinance is written doesn't allow businesses to know what the penalty is for breaking the law. She said the Buffalo Police Department has the authority to do what it sees fit as a punishment - possibly ticketing a business or even shutting it down for a few days.
Miller, a Buffalo native, feels the lawsuit is a way for him to give back to the city he loves. He feels it is his duty to try to lift the ban, and he hopes other students will get involved, too.
"It sounds corny, but [students] can make a difference," Miller said. "Look at me. I'm a nobody. I'm 19 years old and I just started college, but I sought out the right people and the right resources, and now I'm going to court to fight for something that I care about ... If you wanted to, you could change a few things."
Miller wants businesses to thrive and believes the commingling law isn't letting Buffalo live up to its full potential.
Last summer, Miller started Buffalo Alive, an organization that connects college students in the area to local businesses. Although it is in its beginning stages, Miller hopes it will introduce the 108,000 college students to the city.
"We help introduce students to what the city has to offer," Miller said. "UB has a lot of international students, students from out of state, students from Long Island and they have no idea where to go. It's a culture shock."
Miller said the media portrays Buffalo negatively, but the city is "underrated" and has a lot more to offer. He wishes more students took advantage of the businesses downtown to help change Buffalo's image.
"It sucks," Miller said. "There should be a way for students to get an unbiased voice about the city."
He wants to be that voice.
Miller met Valentine and March when he reached out to them to create events at their establishments through Buffalo Alive.
March and Valentine asked him to be a plaintiff in the lawsuit because he was "well involved in helping college students become integrated and active," March said.
"[Chippewa on Thursday nights] is probably the most consistent and largely enjoyed thing in Buffalo - other than the Sabres or Bills," March said. "You would think that would be celebrated, not demonized."
Miller said Buffalo Alive is an opportunity for him to highlight and give back to the city he has grown to love. Buffalo is important to him and the lawsuit shows how far he would go to protect the rights of local college students and local businesses, he said.
"I want [Buffalo Alive] to help college students and also give them a voice - like with the curfew when they need it - and at the same time for businesses so that they can help bring economic growth to the city," Miller said.
Both Miller and March encourage students to get involved and call the mayor and the commissioner of the Buffalo Police Department to voice their opinion.
Email: news@ubspectrum.com
Photo: Courtesy of Laron Fomby
