Washington proposal would require bars to sell drug tests for spiked drinks

OLYMPIA, Wash. – Lawmakers are considering requiring nightclubs, hotels and other places that serve alcohol to sell testing kits for spiked drinks. Proponents say the legislation, championed in part by a class of high schoolers, is important for public safety. Though some businesses are trying to hit the brakes.

“People should feel safe when they go out to bars and nightclubs,” said State Sen. Manka Dhingra (D-Redmond) “And we know that drink spiking is becoming a very real and serious problem.”

Heard in the Senate Labor and Commerce Committee Monday morning, Senate Bill 5330 would require bars, theaters and other places that serve alcohol to sell drug testing kits for spiked drinks.

Dhingra, the prime sponsor of the bipartisan legislation, said the businesses could charge a market-rate price for the strips, stickers or other testing devices. While they would have to put up signs saying tests are available and check that they have not expired, the businesses would not be responsible for a defective test.

“This is about just the alarming number in the rise of drug-facilitated rape that we’re seeing,” Dhingra said. “And I think as a state, I think we have to say that that culture needs to stop.”

She said a group of Lake Washington High School students in Kirkland pitched the bill to her. The group said they helped make the bill as part of their AP Government class and TVW’s Capitol Classroom .

“To be here today to speak to senators, have other people even testify in support or raising concerns with our bill – it was so cool to see the process first hand. It was so amazing for us,” said Lake Washington senior Kira Ulrich.

The students looked to similar legislation that became law in California – though that bill only covered bars and nightclubs. They even called businesses across the state to gauge their interest in the requirements.

While they are not of legal age to be drinking, the students said sexual assault, whether drug-induced or otherwise, can happen to anyone and have a lasting impact.

“We have first-hand accounts of how often this happens and how life-changing it can be,” said Lake Washington senior Addie Hafermann. “Soit’s just absolutely essential that something like this be passed so we can really make people be safe.”

“We really need to think about the survivors, victims or soon to be victims, and we just really need to do something to be proactive and preventive,” Ulrich said. “And a big part of this bill is not only to give patrons some control and protection but build awareness.”

An industry group representing restaurants and hotels supports bars being required to sell tests but expressed concerns about the requirement extending to other businesses. They also spoke about the additional costs for businesses to stock a product they have never sold before and keep track expiration dates.

“Businesses that cater to family and children should retain the option to offer these products and post signage about sexual assault,” said Julia Gorton with the Washington Hospitality Association. “We look forward to continuing the conversation and aligning the bill with the California approach, but this bill needs many more conversations.”

Dhingra said she is looking forward to conversations with businesses to iron out concerns on signage and where the requirements apply. But ultimately, where there is a bar, there should be a way to test a drink.

“This is really not meant to be onerous, but really meant to be a partnership to make sure all the patrons are safe,” she said.

“You never know who’s around you and by putting in these safety procedures and allowing bars to sell these products to customers will protect everybody in Washington,” said Lake Washington senior Ava Brisimitzis.

Senate Bill 5330 is scheduled for a committee vote on Friday.

Albert James is a television reporter covering state government as part of the Murrow News Fellowship program – a collaborative effort between news outlets statewide and Washington State University.