Colorado Politics

Lawmakers kill proposal for substance-free seating at Colorado events

An effort to ban alcohol and drug use in certain event seating sections met an unceremonious end on Tuesday, when it was rejected by a Senate committee. 

Senate Bill 171 would have required large event venues to designate 4% of seats as “substance-free seating,” where the use of alcohol, marijuana, tobacco and vapes is prohibited. The bill would have taken effect in April 2027 and applied to entertainment facilities with capacities of 7,000 seats or more. 

Bill sponsor Sen. Kevin Priola, D-Henderson, said substance-free seats would help de-stigmatize choosing to remain sober at concerts and sporting events, where drinking alcohol, and sometimes using drugs, is almost expected. 

“The culture of sobriety is on the rise,” Priola said. “Social engagements often seem inaccessible due to the lack of community support and the inherent proximity to those who choose to consume.” 

Priola said numerous groups would benefit from substance-free seating, ranging from pregnant women and families with children to people recovering from addiction. 

Darin Valdez was addicted to substances for more than seven years before he got sober in 2014. In the early months of his recovery, Valdez said he experienced extreme social anxiety and was “terrified” to go to events with his friends and family because he’d be so close to people using drugs and alcohol. 

“I chose to stay away from anything that could put my sobriety in danger, but it also kept me from living a joyful life,” Valdez said while testifying in support of SB 171. “Spending quality time with family and friends at sporting events and concerts is something everyone should be able to enjoy safely.” 

Now nine years sober, Valdez said he can go to these events, but being seated near intoxicated people is still “one of the most uncomfortable situations” he can face. As executive director of Colorado Artists in Recovery, Valdez said he also works with countless recovering addicts who struggle with similar issues. 

Nearly two dozen other people testified in support of SB 171 before lawmakers killed the bill. They included many who work with or have struggled with addiction, as well as some who said they just want to take their children to baseball games without being surrounded by sloppily drunk strangers. 

Only one person testified against the bill on Tuesday: Mollie Steinmann of the Colorado Municipal League. Steinmann said enforcing the bill would be too burdensome on local licensing agencies. 

Under the bill, event venues that fail to establish the required substance-free seating would be subject to licensed-based discipline, such as being denied an alcohol beverage license or license renewal. 

“SB 171 will place additional requirements on the shoulders of local licensing agencies across the state at a time when these agencies are already being negatively impacted by a labor shortage and a lack of resources,” Steinmann said. 

In addition to the Colorado Municipal League, organizations registered in opposition to the bill are the Colorado Rockies, the Kroenke Arena Company that owns Ball Arena, Colorado State University, the Denver Metro Chamber of Commerce and the city and county of Denver. 

Groups backing the bill include Boulder County, Mental Health Colorado, Illuminate Colorado and Sober AF Entertainment. 

The Senate Finance Committee ultimately rejected the bill in a 5-2 vote Tuesday evening, with only Priola and Sen. Faith Winter, D-Westminster, voting in support of the measure. 

Sen. Jim Smallwood, R-Parker, said he voted against the bill because he wants venues to be able to decide themselves whether to have substance-free seating. Smallwood said he believes the venues will eventually move in this direction, adding that the current prevalence of drugs and alcohol has pushed people like him to stop bringing their children to events. 

“I’ll certainly never take my kids to these events if things don’t change because the substance use is so pervasive it’s not fun anymore,” Smallwood said. 

Smallwood said, at his last Broncos game, a man in front of him passed out while vaping, collapsing into Smallwood’s lap and needing treatment from medics. Other lawmakers spoke of having to buy beers for angry drunk strangers who spilled their drinks on them to avoid a physical confrontation. 

Democratic Sens. Chris Kolker and Kyle Mullica echoed Smallwood’s comments, saying the decision should be left to venues, but they believe venues will make the change. Fourteen NFL teams across the country have already established alcohol-free sections at their stadiums. 

But the bill’s proponents are less optimistic that a meaningful number of venues will independently decide to establish substance-free seating, at least not anytime soon. 

“If we were to wait for the entertainment venues to actually do this, we would be waiting until all of us are dead,” said Lacey Hayes, lobbyist for Sober AF Entertainment. 

In this photo taken May 9, 2011, a fan carries a beer and nachos on his way to his seat at a Colorado Rockies baseball game at Coors Field in Denver. (AP Photo/Ed Andrieski)
Ed Andrieski

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