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September 12, 2007

Sponsors vow to strengthen 'social host' law

The sponsors of Rhode Island's "social host" law vowed to strengthen it after The Journal reported today about a July incident in which Barrington police concluded they could not prosecute adults at a home where underage drinking was allegedly happening outside.

"It is unfortunate that this chink in the law exists, but now that it has been uncovered, we will do what is necessary to correct the language and make the law do what it was intended to do -- send a strong message to youngsters and adults about the danger of underage drinking," said state Sen. Walter Felag, D-Warren, in a news release.

Felag and state Rep. Jan Malik, D-Warren, were prime sponsors of the current law, which allows charges to be brought against an adult who permits the consumption of an alcohol by an underage person inside of his or her residence, but apparently not outside.

Attorney General Patrick C. Lynch said in an interview today the “social-host” law may not be perfect, “Yet, we’ve prosecuted cases and it stands as a tool to allow police to get onto the property,” taking control of parties where there may be underage drinking.

-- projo.com staff writers Michael P. McKinney and Brandie Jefferson, with Journal archival reports

The police did not try to charge Kelly Stiness after police said they found evidence of a party with alcohol and underage partygoers in her backyard last July.

Stiness' 16-year-old son, Zachary, had died in 2005 in a car accident that raised the town's level of awareness of underage drinking. The police learned that Stiness, the driver of the car, and passengers Michael Neubauer and Brenden McGonagle had visited two house parties earlier that night. Alcohol was available at one of the parties, according to the police.

The police eventually concluded that there was no correlation between the high-speed accident and a house party, but Chief John M. LaCross said at the time the community and the country needed to work to deter young people from drinking.

At this past July's party, police did confiscate a keg and take empty beer bottles from the party as evidence from the property. Eventually, three 18-year-olds were charged with underage drinking.

"When we enacted the legislation last year, we did so because the law needs to be clear that it is the responsibility of adults to keep alcohol away from children and that they certainly should not provide it directly to minors," Malik said in a news release. "We don't believe it is necessary to alter much of the existing language of the law, especially the penalty section. But clearly we need to make a few adjustments in the law so that police are not prevented from taking action, as was the case in Barrington."

In an interview today, Felag said the new legislation would focus on changing the bill's definition to include a property, not simply someone's residence. But he said that in crafting the changes there will also need to be discussion about "common property" situations such as a development with several units in which different families live.

Lynch said that educating minors about alcohol is a big component in preventing underage drinking. Today, he joined industry and law enforcement officials to increase public awareness through a “We don’t serve teens week” now going on.

He said Providence is one of 17 communities selected for the campaign, run by the Century Council, a group funded by distilleries. The group visited a liquor store in East Providence, broadcast radio announcements and handed out educational brochures about the potential consequences of underage drinking.

“They selected (Providence) which, in a way I’m grateful for,” Lynch said, “but in a way, it was because we have some issues here.”

Lynch said 99 percent of parents say they wouldn’t let their children drink in their homes, but according to the Century Council, about 65 percent of underage drinkers get alcohol from family and friends.

“I think it’s driven by the mentality … ‘it won’t happen to me,’” Lynch said. “It’s that mentality we’ve got to shake.”

Lynch said he was not averse to taking another look at the social host law’s wording.

“We’ve made headway in the legislation,” he said, “but in no way am I suggesting its over.”

Posted by Brandie Jefferson  at 6:03 PM | Permalink

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