GRAND RAPIDS – The American Civil Liberties Union filed a federal lawsuit in response to a 7-year-old boy being placed in foster care after his father unwittingly gave him an alcoholic drink, Mike's Hard Lemonade, during a Detroit Tigers' game.

The lawsuit was filed on behalf of the boy's family.

The lawsuit, filed in U.S. District Court in Detroit, asks a judge to void a state law that lets police remove children from parents' custody without showing that a child is in immediate danger.

“Taking a child from loving parents is a harrowing, life-changing experience for both the child and the parents,” Michael J. Steinberg, ACLU of Michigan legal director, said this afternoon in a statement.

“However, Michigan law currently allows the government to take a child without having to prove that it’s necessary to prevent immediate danger. The law is unconstitutional, out of step with the rest of the country and must be fixed to prevent harm to other families.”

Christopher Ratte, a classical archeology professor at University of Michigan, had taken his son, Leo, to the ballgame on April 4, 2008. He thought he bought lemonade, and didn't realize that Mike's Hard Lemonade contained alcohol when he gave it to his son.

Security approached in the ninth inning.

Police responded, and the boy was examined by Comerica Park medical staff, who found no problems. The boy was then taken to a hospital, where he had no alcohol in his system. He was cleared to go home, but instead taken by Wayne County Children's Protective Services, the ACLU said.

CPS would not allow him to go with his mother, Claire, who was not at the game.

“The first night, Leo slept on a couch in the CPS building with his parents waiting outside on the sidewalk. The next day, he was sent to a foster home,” the ACLU said.

He was released to his mother after three days, but his father had to move out of the house until the case was eventually dropped.

Claire Ratte, a professor of art history and architecture at the university, said:. “If the University of Michigan had not helped us, it could have taken weeks to get Leo back. It’s tremendously important for us to challenge this law so that no other family has to deal with the lasting effects of having a child unjustly removed.”

She said they sought legislative fixes, but got no traction.

View the complaint

E-mail John Agar: jagar@grpress.com