In The NewsProperty Owners Now Liable For Teen Drinking In Westerly
Originally printed in The Westerly Sun
Tuesday, July 14, 2009
Author: Emily Dupuis- The new ordinance is a first in Rhode Island
WESTERLY - On Monday, this town became the first in the state to put a law on the books holding property owners responsible for underage drinking parties.
Town councilors unanimously adopted the so-called social host liability ordinance after hearing from supporters, including Westerly Substance Abuse Task Force members, high school students and one family who lost their son to a drunk driver.
Virtually mirroring the state statute, the ordinance makes it illegal for any person to "conduct, aid, allow or otherwise permit" a party or gathering at a residence where alcohol is being served to minors. The individual who owns, leases or has "control" of the premises will be held accountable and will have to appear in Municipal Court and face a $250 first-time fine, $500 second-time fine and $1,000 third offense fine. Supporters of the ordinance urged councilors to back the measure and, later, loudly applauded their decision. No community members spoke against the ordinance.
Marylou Serra, coordinator of the Westerly Substance Abuse Task Force, the group that proposed the measure, said, "It's time. It's past time, actually. We have to realize that underage drinking is a problem in our town."
"And this ordinance is just another avenue, another way, that we can work together … in order to have a safe community," she said. "We're trying to save lives." Westerly's Ken Lesnick and Janice Ricker told councilors the ordinance will raise awareness and could spare other families the pain they have suffered.
Ricker's 33-year-old son, Wayne Lecardo, of Groton Long Point, was killed in January 2007 by a Mystic 16-year-old who had been at an underage drinking party and got behind the wheel of a car.
The crash, Lesnick said, "could have been and should have been" avoided.
"It could have been avoided except for the lack of parental supervision coupled with the cavalier attitude of the teens," he said. Lesnick said the ordinance's fines, coupled with the threat of civil lawsuits, could be enough for some parents with a lax attitude about underage drinking to change their ways.
"The best path to [teenagers] is through their parents and, well, it should be," he said.
Christine Corah, a threesport Westerly High School athlete and member of Varsity Athletes Against Substance Abuse (VAASA), and Nick Schilke, senior class president and VAASAmember, were two of three teenagers who agreed.
Passing the ordinance, Corah said, would make parents more responsible for their teenagers and protect community members.
Nick Algiere, senior class vice president, football team captain and VAASAmember, said, "Don't look at us as varsity athletes against substance abuse. Look at us solely as high school students. We want this as much as parents want it, as much as members of the community want this."
He said underage drinking is a problem: "You can't go to school on Monday without hearing about a weekend party [with] parents providing the alcohol."
Adrian Pelchat, president of the North End Crime Watch; Jim Angelo, a Licensing Board member; and Patricia Douglas, a former town councilor, also called for the ordinance to be adopted. Douglas said, as a parent and a grandparent, the town must mandate "because, unfortunately, there are some parents who take no responsibility."
"It's very easy to say yes. It's extremely difficult to say no," she said.
Councilors, Douglas added, who vote against the measure would "possibly have a death on your shoulders."
Westerly Police Chief Edward A. Mello said some community members have questioned the need for the ordinance.
"I think the answer is very clear," he said. "This is a cultural problem. It's a community issue that needs to be addressed. And I think that the support of this council of this proposed ordinance makes a very clear statement that it will not be tolerated in this community." He proposed that the ordinance be clarified to also include open and vacant lots. To comply with the state Open Meetings Act, councilors plan to address that revision at a future meeting. Councilor Christopher Duhamel said the proposed ordinance went through prior revisions as a way to put parents "on notice."
"We hope there are no fines or fees collected," he added. "That would mean there's compliance."
And Council President Diana Avedesian said, "This is an example of how we need to work to keep our young people and our community safe."