With a few situational exceptions, all states in the U.S. prohibit the furnishing of alcohol to minors. Young people still find ways to get their hands on alcohol, so some states and communities have enacted “Social Host laws” that work in tandem with “Furnishing laws” to help quell the problems associated with underage drinking.
Social Host laws hold a parent or adult responsible for underage drinking that takes place in their home or on property that they own, lease, or “otherwise control,” whether or not they provided the alcohol, or in some cases, are present when the drinking takes place. When authorities find a situation where there is underage drinking, it can be difficult to determine who furnished the alcohol. Social host laws counteract that problem by focusing on the location of the illegal behavior. The parent or adult can then be charged criminally, and can also be held civilly responsible in states that allow for that type of liability.
Although recent surveys have shown the number of minors who are drinking alcohol (and driving) has dropped in recent years, youth gatherings that involve alcohol have been shown to involve binge drinking and risky behavior choices. According to the Youth Risk Behavior Survey on the CDC website, the percentage of 9th-12th graders who admit to drinking and driving fell by about half between 1991 and 2011; from 16.7% to 8.2%. However, according to NHTSA, 4,292 young people between the ages of 16 and 20 lost their lives in alcohol-related crashes in 2011.
Eugene, Oregon, is one community that has recently passed social host laws that will go into effect on March 2nd. Eugene is a college town where the mix of families and students created tension when “unruly gatherings” created noise, trash, and behavior that was generally dangerous and disruptive to the community. Pennsylvania has social host laws that address underage drinking, but the principal of a Bethlehem Township high school felt that the problem of underage drinking had gotten so bad, he composed a letter titled “The Elephant in the Room,” addressed to parents that host parties or look the other way when kids are drinking in their homes.
Although social host laws are becoming more widespread, they have been challenged. A Rhode Island woman was recently convicted for violating social host laws after teens were drinking on her property and were then involved in a violent crash that resulted in serious injuries. Her lawyer had challenged the constitutionality of the law, but it was upheld. Social host laws are challenged on the basis of vague or broad definitions of what behavior is prohibited, who is a responsible adult, and what a host’s responsibilities are once underage drinking is discovered.
Are Social Host laws fair? Do you think they will prove to be effective in combating underage drinking, and underage drinking and driving?
To find out information about your state’s underage drinking laws, including Social Host legislation, go to the NIAAA’s Alcohol Policy Information System, a database of alcohol-related policies in the U.S.
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