Underage drinking laws could get tougher: 'SOCIAL HOST ORDINANCES' TARGET ADULTS ON PROPERTY

By Shawntaye Hopkins

May 24, 2008 (McClatchy-Tribune Regional News delivered by Newstex) -- Adults caught hosting parties where minors are allowed to drink booze will face hefty fines, and possibly jail time, if Lexington joins communities across the country that have enacted tough new underage-drinking laws.

The laws -- often called social host ordinances -- target adults who let minors drink alcohol at their home or on their property.

"It only takes one parent in a community to set up a situation where kids are allowed to be in very risky situations with alcohol," said Ruth Staten, who chairs a committee that's rallying for a social host ordinance in Fayette County.

In recent years, social host ordinances have been passed in 150 cities or counties in 21 states. And 23 states have statewide social host laws, said Stacy Saetta with the Pacific Institute for Research and Evaluation.

Eight communities in Kentucky have passed social host ordinances.

Social host ordinances spread rapidly after the National Research Council and Institute of Medicine released a study in 2003 that examined underage drinking and encouraged communities to strengthen laws, Saetta said.

In December, a subcommittee was formed out of the Mayor's Alliance on Substance Abuse to discuss implementation of a social host ordinance in Fayette County.

Staten referenced a "field party" in early February during which an intoxicated teenager was injured and two other teenagers were charged with driving under the influence of alcohol. According to court records, a 16-year-old was injured after he was struck by a Chevrolet Tahoe driven by a 17-year-old who told police he had been drinking. That 17-year-old left the scene with another teenager who was also charged with driving under the influence.

The party occurred on private property off Deer Haven Lane in Lexington, in a neighborhood where scattered homes sit on spacious land.

"How many of those instances constitutes a problem? I don't think it takes very many," Staten said of the field party.

It is not clear how the teenagers obtained the alcohol. County Attorney Larry Roberts said he did not want to discuss details about the case because it's pending.

'Not every key gets taken'

Advocates for social host in Fayette County say some adults, including parents, have had dangerous attitudes about underage drinking for too long: They think it's OK for high schoolers to celebrate graduation with a beer or two. They think teenagers who are old enough to serve in the military should be able to drink.

They think it's safer for minors to drink at home, said Saetta, a legal policy researcher for the non-profit organization that focuses on individual and social problems associated with alcohol and drug use. "But, unfortunately, not every key gets taken, and kids still leave."

The most recent Kentucky Incentives for Prevention survey available showed 10th- and 12th-graders in Fayette County reporting they typically obtain alcohol from friends. Most of the 10th- and 12th-graders reported that they consume alcohol while at friends' homes.

The survey reflects what Henry Clay junior Elizabeth Poindexter, 17, hears about at least once or twice a month at school. Poindexter said she often hears students talking about parties, including field parties, where minors drink.

"It wouldn't be too hard to find a friend whose parents either have it so you can sneak into their supply or their parents would get it," said Poindexter, a member of the local Agency for Substance Abuse Policy, or ASAP.

Poindexter said she doesn't understand why some parents try to justify allowing teenagers to drink alcohol.

University of Kentucky freshman Joe Elswick, also a member of ASAP, said it seems that some parents expect their teenagers to drink after they leave home for college.

"Parents either don't care or they figure it's a way of life," said Elswick, 18.

Staten and Lexington police say these parties often result in DUIs, sexual assaults, vandalism and other crimes. And the people involved are sometimes afraid to contact police or seek medical attention because they don't want to get caught.

Underage drinking during parties in Lexington has repeatedly resulted in tragedy.

In August 2004, UK student Brian Muth, 19, was arrested for alcohol intoxication at an off-campus party. He was struck by a tractor-trailer on New Circle Road after a friend bailed him out of jail later that night.

A year later, Thomas Byers III, 19, was hit by a train after running from UK police officers who were attempting to cite Byers, who had attended an off-campus party, for alcohol-related charges.

Interim UK Police Chief Joe Monroe said a social host law might help law enforcement hold someone accountable for parties where there's underage drinking.

"The university's taken a pretty strong approach to trying to keep students safe," Monroe said. "We definitely don't want any more deaths."

Ordinances help police

All states have laws prohibiting minors from possessing alcohol and prohibiting adults from furnishing alcohol to minors. Social host ordinances make it easier for police to enforce underage-drinking laws because they can cite adults who are present at gatherings where underage drinking occurs.

In some cases, social host laws forgive adults who report underage drinking to the police. But in most cases adults who are present during the event are assumed to know what's happening -- no excuses.

Current laws in Lexington have allowed police to charge adults for furnishing alcohol for parties where underage drinking occurs based on statements from the adults, statements from partygoers and other evidence, Lexington police Lt. David Lyons said.

"It's not always easy," said Lyons.

Lyons was not familiar with social host ordinances. But Lexington police are remaining neutral on the issue until asked to present information to government officials.

The social host committee plans to make community presentations about social host and underage drinking over the next two years before pushing for the ordinance to pass.

"We want the community to want it before we take it to the government officials," said Tara McGuire, youth program coordinator in the state office for Mothers Against Drunk Driving, who serves on the committee.

Judge-Executive John G. Mattingly of Marion County said discussions about underage drinking and a social host ordinance there have prompted some people to police themselves.

A social host ordinance has been drafted in Marion County, and the fiscal court plans to review the law later this month.

Mattingly said the white stone crosses along roadways in Marion County stand as a reminder of the consequences of underage drinking. The county has shed the party-town image it had decades ago when the county was wet and surrounded by dry counties. But some tolerant attitudes about underage drinking have lingered.

Some parents grew up during a period when it was acceptable for a teenager graduating from high school or serving in the military to have a beer, Mattingly said.

"It's a black-and-white issue, but our society teaches us to color things gray," he said.

Hancock County enacted a social host ordinance last year. County attorney Paul Madden Jr. said two adults under 21 were recently charged under social host because they rented an apartment where underage drinking occurred. Madden said the law was not tested because the teenagers didn't go to trial.

But, he said, the county enacted the ordinance to penalize older adults, including parents, who throw the parties.

"Kids will be kids," Madden said. "But we don't want adults to be acting like children, too."

Reach Shawntaye Hopkins at (859) 231-1386 or 1-800-950-6397, Ext. 1386.

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