Walking into a bar and flashing an ID is something of an unconscious reflex, but some may be surprised if certain IDs are refused by Columbus bars.

Bars in Ohio have the right to choose which forms of identification they accept, and many choose to only accept state driver’s licenses or Ohio-issued identification cards.

There isn’t an Ohio liquor law that states a permit holder – which is any establishment that is allowed to sell alcohol – is not allowed to accept a passport or military ID as proof of someone being over 21, said Matt Mullins, a spokesman for Ohio’s Division of Liquor Control.

Many liquor permit holders choose to be discriminatory in their ID policies because of an Ohio law called “affirmative defense.”

Affirmative defense states if a permit holder accepts a driver’s license or Ohio-issued identification card, makes attempts to match the person to the description and photo on the card through an ID scan or checking the vital statistics on the ID and has reason to believe the person is the same as the identity on the card, then the permit holder cannot be charged for a liquor violation based on age.

Julie Ehrhart, spokeswoman for the Department of Public Safety’s Ohio Investigative Unit, said the duty of any liquor licensee is to insure everyone who is consuming alcohol is over 21 and that the “affirmative defense” helps to protect liquor permit holder.

“Permit holders can only do so much, so we would not hold them responsible (for an age violation) if they followed the guidelines,” Ehrhart said.

If an establishment chooses to accept a government-issued identification, such as a passport or military ID, it does so at its own risk. If it turns out to be a fake or the person is under 21, Ohio law could find the establishment in violation of liquor laws.

Ehrhart said if an establishment accepts a passport or military ID it might still be found to not have violated any laws.

“Judges pretty much give (the permit holder) the benefit of the doubt, even if it accepts a military ID card or passport, if they tried to take the necessary steps to match the person to the ID,” Ehrhart said.

The Varsity Club is one example of a bar that chooses to accept passports and military ID cards from patrons to prove the person is over 21.

“They’re both perfectly legitimate. We’re right across from the ROTC building as well,” said Nick Pavich, manager of the Varsity Club.

Pavich said the Varsity Club will turn away IDs that look suspicious and as though they’ve been tampered with.

Many Columbus bars will only take state driver’s licenses or Ohio-issued IDs.

Those establishments corrects according to a pamphlet put out by the Division of Liquor Control, entitled “Responsible Alcohol Sales Through Employee Awareness.”

According to the pamphlet, acceptable forms of identification are a valid driver’s license or an official state of Ohio identification card for a non driver.

Since this pamphlet states other laws which need to be followed, many permit holders accept this phrase as law, and make policies based on it.

Margarita Mama’s manager Scott Detelich said the bar’s policy of state driver’s licenses and Ohio-issued ID cards follows the guidelines of Ohio liquor laws to verify everyone is 21 or older.

“All military IDs aren’t valid for drinking,” Detelich said. “If people come in, we ask for a second ID.”

Ehrhart said any liquor licensees or their employees can accept any form of identification.

She said in instances where a person might not have more than one form of ID on them and the ID may be a non-state form of identification, then the establishment could take that ID, as long as it has a photo and birth date on the card. It’s only when the identification is found to be fake that there is a concern.

“It’s okay to let people with a military ID or passport in if that’s the only form of ID they have. It’s not actually until a crime is committed that the permit holder would have a problem,” she said.

Ohio is one of a few states that doesn’t specufy in its liquor laws that military IDs and passports are valid identification for alcohol purchases. Other states with the same law are Kansas, Maine and Montana.

Some states also allow the liquor licensees total control to decide what IDs are acceptable and don’t regulate it.

Ehrhart said in the past three years she doesn’t recall a violation that involved a passport or military ID and incidents with them are very rare – as opposed to the occurrence of false driver’s licenses.

Both passports and military ID cards have distinguishing characteristics, such as holograms, to deter false reproduction. Military ID cards also contain bar codes – and sometimes computer chips – making military ID cards harder to reproduce.