Is Happy Hour Coming Back to Massachusetts?

Courtesy of Nik Frey (niksan), CC BY 2.5 <https://creativecommons.org/licenses/by/2.5>, via Wikimedia Commons

Boston is home to more than 250,000 college students, yet Massachusetts offers no promotional deals for young adults on nights out or bottomless brunches. Where did this strictness come from and how has it changed in Massachusetts over time? In 1984, the Massachusetts Legislature passed a statute banning alcoholic drink promotions such as discounted drinks during “happy hour” in the state of Massachusetts. This ban arose following a fatal drunk driving accident in Braintree, MA, resulting in the tragic death of 20-year-old Kathleen Barry.  In response to the accident, alcohol regulations within the state were tightened; with the intention of discouraging excessive and irresponsible drinking. 

Following the ban, over a dozen states placed regulations on happy hour, each varying in strictness. However, many of these states have since reappraised these laws — such as the state of Illinois — and have overturned the ban completely. Massachusetts is the only state left with a standing and unaltered ban. 

  Massachusetts has been ranked in the bottom ten states for drunk driving rates over the past few decades. However, Massachusetts still ranks high (6th in the nation) for binge drinking among young people with 15% of youth reporting recent binge drinking events – the national average is 11%. In a study conducted by Boston University in 2022, the state was ranked the sixth highest in the country for adolescent binge drinking. 

So why is the conversation surfacing now about the end of the ban after almost 40 years of strict regulations? The answer lies in the age of the legislators. A new generation of legislators feels the ban is outdated and contributes to young people in Massachusetts experiencing ​​distaste towards nightlife and drinking. Quyen Bui, a 23-year-old club promoter and Boston resident explains, “We have to go to New Hampshire if we want something like bottomless mimosas.”

As a result of Boston having the most colleges per capita in the United States, Massachusetts attracts a large population of young people for education. However, young adults are leaving the state after college due to high living costs and few opportunities for nightlife.  

 Even without the passing of the bill, local businesses already use different strategies to bring “fun” into their restaurants and bars, such as food-based happy hours and live music events. The State Senate is supporting a change that would give local communities the ability to opt into discounts on alcoholic beverages at post-work hours. 

The main driver of this change is Sen. Julian Cyr who continues to argue that this could invoke a positive change for the reputation of Massachusetts. He states, “I’ve traveled all across the country -- I rarely hear young people talking about how fun Massachusetts is.” Cyr also argued that both Kansas and Illinois have unenforced their bans, and there has been no significant shift in the number of alcohol-related car crash fatalities. 

However, there is significant pushback on loosening the happy hour restrictions. Consumer Protection Committee Co-Chair Representative of the Massachusetts State House Tackey Chan and his representatives are not persuaded by Cyn’s points. Chan contends that even with advancements in public transportation, drunk driving numbers still stay consistently high.

Younger generations, he claims, “tend to forget that everything you talk about today was there then but in a different form.” While there is more advanced technology to help combat impaired driving today, both taxis and MBTA services existed when the initial bill was put into place in 1984. Just as Chan discussed, public transportation was still available, yet it was not able to stop the death of Kathleen Barry. 

The discussion of the happy hour ban is not just a social issue but also a broader economic issue. By bringing back the allowance, it could bring a post-COVID economic boost to institutions that serve alcohol. Restaurants, in Boston specifically, struggle as there is little after-work rush despite tourism. Boston bartender Syd Bell told the Huntington News, “we don’t have a massive five o’clock, after-work rush.”

 Nonetheless, there is pushback from the Massachusetts Restaurant Association. The association sees lifting the ban as a high-cost endeavor, believing it could result in “skyrocketing costs” of liquor liability insurance. This insurance protects hospitality industries that serve and sell alcohol from unexpected claims, such as fatalities resulting from the liquor served at their institution. Happy hour results in an even higher risk due to the promotion of binge and excessive drinking and these risks contribute to higher premium insurance costs. Hence, the cost may not really be lower.

As of September 2024, the happy hour ban is still in place. With older legislators pushing to keep the ban enforced and public concern for drunk driving fatalities, it is unlikely the ban will be lifted at this time. However, younger legislators are still pushing to either loosen restrictions or completely overturn the ban on alcoholic promotions during “after-work” hours. As of now, Massachusetts — especially Boston — battles rising prices and the lack of promotional deals on drinks continues to contribute to the inaccessibility of Boston for younger generations.