Opinion: Attorney Tom Kelly Rolls Out Social Host Ordinance in Wright County

The time has come to pass a social host ordinance for Wright County. 

I am proposing one to the Wright County Board of Commissioners. 

In Minnesota it is unlawful for anyone under the age of 21 to consume alcohol. It is bad public policy that allows individuals the ability to aid and condone such behavior by allowing/encouraging an environment for it to happen. 

We all know that underage drinking parties are taking place within our neighborhoods and communities. A social host ordinance makes it unlawful to provide an environment where underage drinking takes place, regardless of who provided the alcohol. Enacting an ordinance is in the interest of public health and public safety.

An ordinance would make it illegal to host/allow a gathering of three or more people on private or public property where the host knows or reasonably should know that minors will consume alcohol and the host does not take reasonable steps to stop it. Further, a “knowing” host does not have to be present to be criminally responsible.  Violation of the ordinance is a misdemeanor. 

The hope is that by imposing criminal responsibility on hosts it will have a deterrent effect and reduce the number of underage drinking parties. Jurisdictions with social host ordinances have found success in reducing the number of underage drinking parties. Since 2007 83 cities and 19 counties have passed a social host ordinance.

Underage drinking poses important public health and public safety risks.  This should be of concern to professionals, policymakers, parents and others who are attempting to reduce the negative consequences of underage alcohol use. Underage drinking is rampant, and most kids think it is their right of passage. The culture today is beer bongs, beer pong, quarters and other drinking games. Unfortunately, it appears the culture now is for kids to drink as fast as they can and as much as they can.  The alcohol content we are seeing is extremely high. Binge drinking is killing people. People are walking into traffic and wandering into rivers. 

Underage drinking could lead to alcohol poisoning, increased injuries, sexual assaults, lowered school/job performance, DWI’s, license revocations and criminal vehicular operations resulting in injuries or death.

At the present time, if someone hosted an underage drinking party and some individuals present were under18, we could charge contributing to the delinquency of a minor. Also, if someone hosted an underage drinking party and they provided the alcohol and we could prove it, we could charge procuring alcohol for a minor. However, at the present time, it is perfectly legal for someone to “knowingly” host an underage drinking party for individuals between 18 and 20, as long as they did not provide the alcohol.  A social host ordinance would address the last scenario and give us the necessary tool to hold a “knowing host” of an underage party responsible.    

Why the need for an ordinance?  Proving who provided alcohol to minors is very difficult. Also, issuing minor consumption tickets can be viewed by some youth as a “badge of honor” or no big deal. Further, as noted above, currently we can’t hold accountable a “knowing” host who provides the environment for underage drinking, as long as the host did not provide the alcohol. An ordinance would simply give us another tool in the tool box to help combat underage drinking by not allowing an environment where it could take place.

No liability under the ordinance for the following:  1) Mere ownership of property does not make someone liable under the ordinance.  Have to prove owner knew or reasonably should have known of the minor consumption taking place on their property and took no reasonable steps to prevent it.  2) Parents who are away and don’t have any knowledge that their kids are throwing a party.  3) Landlords who have no knowledge of underage party taking place.  4) Farmers who have no knowledge of underage party taking place on their property.  5) Ordinance does not apply to conduct solely between an underage person and their parents while present in the parent’s home. 

Common sense should dictate prosecution and enforcement. We all know there are blatant violations taking place where someone is “knowingly and willingly” hosting a gathering where minor consumption is taking place and they have no desire to stop it. In fact, they encourage minor consumption by knowingly allowing an environment for it to happen. With all the negative consequences that could result from underage parties, we should not “knowingly” allow that to happen. We need an ordinance. I ask for your support.

The following support passage of an ordinance:  prosecutors, law enforcement, Human Services/Public Health, safe schools, court services/probation, MEADA , MADD, and Safe Communities of Wright County.  The Wright County Board of Commissioners set a public hearing for public comment on August 28, 2012, at 9:30 a.m. at the Wright County Government Center, Buffalo.

Any questions, thoughts, concerns you may contact me at 763-682-7348.  Also, you may view the proposed ordinance at our website under announcements at www.co.wright.mn.us./dept/atty   

Tom Kelly

Wright County Attorney