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House passes bill letting cities, universities sue promoters of unpermitted events to recoup shutdown costs

2435690 · February 27, 2025
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Summary

After extended debate, the House passed HB 280 (as substituted) to allow municipalities and public institutions of higher education to seek reimbursement from promoters of unpermitted events'such as large ticketed parties that sell alcohol without a license'for extraordinary public-safety costs incurred shutting them down. The substitute removed

The Alabama House passed House Bill 280, a contentious measure that allows municipalities and public institutions of higher education to seek reimbursement through civil suit from promoters of "unpermitted events" when local authorities incur extraordinary costs to shut them down.

Representative Allman of Tuscaloosa, sponsor of the bill, said the measure is narrowly targeted at parties and similar gatherings "that are advertised on social media. Tickets are sold. There's an undisclosed location of the party," and at the last minute large crowds arrive with alcohol being sold without proper licenses and insurance. "The purpose of this bill is to allow them in very particular narrow circumstances called unpermitted events...to file suit against the promoters of the event and attempt to recoup their costs," Allman said.

Critics warned the bill as written risked overbroad enforcement and First Amendment concerns. Representative Moore of Jefferson said the bill's current language was too vague: "I think that this could be an infringement of people, first amendment right because it's left it is so broad and it's left open to interpretation." Opponents repeatedly asked how the measure would be applied to lawful private gatherings, college tailgates and other events and sought clearer definitions and guardrails.

Floor debate focused on three main policy choices made in the substitute that the sponsor described as compromises reached in committee: - The substitute narrows the bill to recoup extraordinary costs only for unpermitted events and makes clear cities and universities may not seek reimbursement from landlords or property owners who were unaware of the promotion. - The substitute removed counties from the reimbursement authority after committee compromise; the sponsor said counties could pursue a similar remedy in future legislation if desired. - The substitute clarified that municipalities must present evidence of extraordinary costs in court (police overtime, fire or emergency response, cleanup) and that recovery would be through an evidentiary court proceeding rather than an administrative fine.

Supporters described the bill as a public-safety tool targeting unauthorized commercial promoters who operate as unauthorized businesses'charging admission and selling alcohol without licenses, insurance or security. Representative Lomax (Madison) and Representative Ingram (Montgomery) highlighted mass-shooting incidents and repeated weekend large gatherings that they said imposed heavy manpower costs on local agencies.

Opponents said the language could be applied subjectively and result in uneven enforcement of neighborhood gatherings and permitted campus events, and several members urged more work with county officials and clearer statutory definitions. Representative Warren and Representative Chestnut asked the sponsor to re-engage county leaders; the sponsor said she would continue to work with counties after passing the substitute.

House action: the committee report (BIR) was adopted, a committee substitute was adopted, and the bill passed final passage as substituted. Supporters and opponents said the substitute was narrower than the original bill but left questions for future drafting.

Votes and formal actions: - Adoption of BIR: clerk recorded 71 yays, 23 nays, 7 abstentions; outcome: adopted. - Adoption of committee substitute (narrowing scope; counties removed): clerk recorded 66 yays, 27 nays; outcome: substitute adopted. - Final passage of HB 280 (as substituted): clerk recorded 70 yays, 22 nays, 8 abstentions; outcome: passed.

Clarifying points recorded on the floor: - Sponsor: measure targets promoters of unauthorized large events (ticketed/advertised, alcohol sold without license) and seeks reimbursement of extraordinary costs only; public nuisance definition in state law remains unchanged. - Substitute: excludes landlords or businesses that were unaware and uninvolved in promotion; counties were removed from the substitute language but could pursue separate legislation.

Next steps: HB 280 passed the House as substituted. Sponsor said she would continue discussions with county officials and others to refine implementation and address remaining concerns raised on the floor.