In The News

Social Host Law Isn't Unique In Approach
Originally printed in The Westerly Sun
Sunday, August 2, 2009
Author: Emily Dupuis

- Narragansett, which passed a similar bill, supports Westerly, calls for 'joining forces.'

WESTERLY - While described by advocates and town officials as the first of its kind of Rhode Island, Westerly's new social host liability ordinance follows a path blazed several years ago by another Washington County community.

Ordinances in Westerly and Narragansett may carry different names, but they both were drafted and enacted with a similar goal in mind.

Nancy Devaney, coordinator of the Narragansett Prevention Partnership, said the beachfront town, a popular off-campus home for University of Rhode Island students, wanted to change its social environment and hoped penalties would pose enough of a deterrent.

Like Westerly's, Narragansett's ordinance resembles state law. But both towns went one step beyond to hold 18- to 21-year-olds responsible for underage drinking parties.

Narragansett Police Lt. Michael Dugan said the department has made several arrests under the ordinance.And Devaney said the ordinance has not been challenged.

"I'm very proud of Westerly doing this," Devaney said. "Everybody is joining forces - police and town governments are really starting to get what they can do. It's not just a Barrington problem or this community's problem. It's everybody's problem."

Representatives from the Westerly Substance Abuse Task Force shared this same message when they proposed a social host liability ordinance.

Several members of the public, including a family that lost a son to a drunk driver, joined in expressing support at the Town Council's public hearing.

While the ordinance has since proven to be polarizing, no one spoke against the proposal that night.

Since the council adopted the law on July 13, Westerly police have charged one individual - an 18-year-old woman - with allegedly hosting an underage drinking party.

The ordinance specifically states it is illegal for any "responsible person to conduct, aid, allow or otherwise permit a party at a residence where alcohol is being served to minors." The responsible person is defined as the individual who "owns, leases or otherwise has control of the premises where the party, or social activity, gathering or event takes place." Violators face a $250 first-offense fine and fines of $500 and $1,000 for subsequent offenses within one year.

This ordinance comes nearly three years after the state first adopted a social host liability law. Ayear later, legislators closed a loophole by holding adults liable for underage drinking on their property, both outside and inside their homes, and facing fines and prison time. The amended law also strengthened penalties for repeat offenders.

Under the state law, however, a party host under age 21 faces only a civil violation for underage possession of alcohol. They face community service, a fine and a 30-day license suspension.

Since 2004, Narragansett has prohibited individuals with control over private property from "knowingly" allowing minors to possess or consume alcohol on the property. The law only applies to property owners who are present and in control of the location at that time.

Aseparate ordinance targets gatherings of five or more people on private property that constitute a "substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood." Unlawful conduct includes excessive noise, crowds or vehicles obstructing public streets, public drunkenness, service of alcohol to minors, fights and littering.

Police put nuisance stickers on the front doors for the remainder of the school year or summer. If police are called to the location a second time within that period, the property owner, resident, gathering organizers and attendees are "jointly and severally" liable, facing fines starting at $300 for a first offense, $400 for a second and $500 for a third, as well as community service. The Rhode Island ACLU has sued the town on behalf of the University of Rhode Island Student Senate to challenge the "orange sticker" ordinance as unconstitutional. Barrington and Newport, two other communities that have been thrust into the spotlight for underage drinking incidents, do not have anything approximating a social host liability ordinance. Those towns' laws deal with underage consumption and holding businesses with liquor licenses responsible.