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As
summer kicks into high gear, celebrations of
all kinds abound, from graduation shindigs to
family parties. And with these gatherings often
comes the presence of alcohol.
Be
warned, however, that Social Host Liability
Laws are being passed throughout the country.
These laws hold parents-and, often, older siblings
or other legal-aged adults-accountable for hosting
underage drinking events.
Safer
to Drink at Home?
Two-thirds of teens who drink get their alcohol
from parents or other adults, according to the
2003 National Academy of Sciences Report. "Some
parents believe that it's safer for their teens
to drink at home than to drink anywhere else,"
according to the U.S. Department of Health and
Human Services Substance Abuse and Mental Health
Services Administration (SAMHSA). Yet the responsibility
can rest squarely on parents' shoulders should
something go wrong, as it too often does. For
instance, a Pennsylvania parent was sentenced
to a 1- to 4 1/2-year prison term for involuntary
manslaughter after allowing underage students
to drink at a party the parent hosted. Three
students died in a drunk-driving accident after
the party.
Social
host liability laws hold adults who serve or
provide alcohol to underage people criminally
liable if that minor is killed or injured-or
if that minor kills or injures someone else.
The laws can also extend to parents who don't
take sufficient measures to prevent underage
drinking in their homes, even if they're not
home when the drinking occurs. Parents can be
charged for medical bills and property damage
or sued for emotional pain and suffering, depending
on how the specific laws are interpreted in
your state.
Connecticut just passed a bill that allows misdemeanor
charges to be filed against adults who knowingly
allow anyone under 21 to possess alcohol on
their property. Check out the nuances of your
state laws, too, to see how social host liability
is interpreted.
Teen
Party Ordinances
And keep in mind that many communities also
have teen party ordinances that make it illegal
to host a party where underage students are
drinking. Parents, older siblings and friends
can be arrested if they allow underage drinking
to occur with their knowledge, even if they
didn't necessarily provide the alcohol. No one
has to get hurt for these laws to kick in-all
it takes is alcohol being present at the party.
Be
careful-and informed-before making choices about
alcohol and underage students this summer. Providing
alcohol, hosting underage drinking events and
more can get parents and older siblings in some
legal hot water. Yet the human toll, from injury
to death, is the most sobering possibility of
all.
Sources:
The U.S. Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
Family Guide at http://family.samhsa.gov/ set/prosecuting.aspx;
The Marin Institute Policies to Combat Underage
Drinking Parties at http://www.marininstitute.org/alcohol_policy/socialhost_teenparties.htm;
PRNewswire, "60 Minutes" Focuses on
Parents Hosting Alcohol Parties for Minors,
Aug. 19, 2005; On Board Online, Vol. 7. No.
4, Feb. 27, 2006 from the New York State Association
of School Attorneys; Conn. Moves to Punish Parents
Who Host Teen Drinking Parties, Jointogether.org,
April 21, 2006
"These
parents may be well intentioned in hosting
these parties-thinking no one will get hurt
if they provide alcohol to minors only for
a 'special occasion' and take the keys-but
there is no way the parents can control
all the variables. In addition, allowing
teens and their friends to drink alcohol
at parties is illegal; when adults condone
such activities, it sends the message that
it's OK to break the law regardless of whether
adults are around."
~ Francine Katz, vice president of communications
and consumer affairs for Anheuser-Busch
Companies, Inc. |
Multiple
Concerns for Hosts to Consider
One of the major concerns with underage drinking
parties is drinking and driving. Parents may
feel okay if they take students' car keys. Yet,
nothing is completely in their control because,
as you well know, students can find access to
other vehicles fairly easily.
Plus, drinking and driving is just one concern
when it comes to underage drinking and social
host liability. Other issues include:
- sexual
assault/rape
-
alcohol poisoning
-
property damage
-
violence
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