Just when you thought it was safe at home....

Dragonlady8 · Guest

Supplier beware: House-party law about to be passed

By Michael Stetz
UNION-TRIBUNE STAFF WRITER

May 13, 2003

Say a 21-year-old is holding a rocking party and in walks a buddy from his chem class who's a year or so shy of the legal age to actually down the refreshments.

Think the host is likely to check his friend's ID before his buddy bellies up to the keg or goes for a cold one?

That soon could be a wise idea.

Because at 21, the party-thrower is an adult, and he could find himself under arrest for supplying alcohol to a minor under a new get-tough law that the San Diego City Council is braced to pass.

The law is designed to crack down on adults, including parents, who supply alcohol to minors in their homes, but it could become a powerful tool to help police nab college-age adults who supply their underage peers with booze.

That has been a notoriously tough problem to attack, experts say.

"If a student has an apartment in Pacific Beach and he's throwing a private party, there's not a lot we can do," said Jim Lange, coordinator for alcohol and other drug initiatives at San Diego State University. "Our sanctions don't apply."

Under the proposed law, called the House Party Ordinance, violators could get as much as six months in jail and a $1,000 fine. San Diego would be the largest city in the nation to have such a law, say advocates who fight underage drinking.

The council recently voted to make it law. One more vote – a formality, in essence – is needed before it goes on the books.

This problem hits home because it take place at home. Parents have been known to host parties for their minor children in the hope of keeping them under control or preventing them from driving.

But they're not the only ones doing so.

Young adults of drinking age also throw private parties and are hardly known for scrutinizing those who enjoy the festivities. These events, some of which feature live bands, can attract hundreds of people to residential neighborhoods.

And police have not had it easy when trying to combat this. To bust somebody for supplying alcohol to a minor, the police have to see an adult in the act. This new ordinance gives police more latitude.

If police see young people wandering drunk outside a party or if they witness party-goers holding open containers of alcohol, the officers can check to see if minors are drinking and if it's the host who is supplying the alcohol, said Simon Silva, a deputy city attorney who helped write the law. If so, the host can be arrested.

Before this, police could cite hosts for noise violations and the like, but that was about it, he said.

People's right to privacy in their homes – protection afforded under the Fourth Amendment – is not affected. Silva said. Police can't raid a house simply because they suspect underage drinking may be going on. Probable cause must exist. "This doesn't change any laws regarding when the police can go into the house," he said.

Advocates say the law will have an impact.

"It will definitely help with the large gatherings, the kind in Pacific Beach and in the College Area," said Judy Walsh-Jackson, associate director of the San Diego County Policy Planning on Youth Access to Alcohol, which lobbies municipalities to enact this type of law.

Similar laws have been passed in Oceanside, Poway, Santa Rosa and Rio Vista. San Diego County supervisors may soon consider a measure for unincorporated areas.

Such a new weapon is needed, Walsh-Jackson said. It will work in combination with ongoing law enforcement efforts to force retailers to comply with rules regarding the sale of alcohol to minors.

Colleges have become more aggressive in policing campuses and stiffening penalties – including expulsion – for students found supplying alcohol to minors, experts note.

Studies show that a significant number of underage drinkers get their alcohol from home or from buddies, not just from commercial venues such as bars or retailers.

"You have situations where you have hundreds of kids in a tiny yard," said San Diego Councilman Brian Maienschein, who sponsored the ordinance, "and you couldn't get the person causing all the problems – the host."

Larry Darwent of the San Diego Police vice unit said he has been stunned by the number of people at some private parties. "I'd be driving up (to the party) and say, 'I can't believe this.' "

Other problems can result from the large parties, he said. People drive away drunk. Fights break out.

"It's a huge drain (on police services)," he said.

Students say the law seems harsh.

It would be virtually impossible to know the ages of everyone attending a party, said one San Diego State University student, who declined to give his name.

"You would have to hire security," said the student, who lives with others in a house just off the campus.

Some parties can swell to large numbers of people, said Shannon Smith and Casey Cullinane, SDSU students who live in a house in the College Area.

Friends may invite friends and the host would have little idea just what ages they are, they said.

Josh R · Posted: May 14, 2003 3:41 am Post subject:

Bastards...

criminally_minded · Posted: May 14, 2003 4:35 am Post subject:

This is complete crud. I wish the cops would worry more about the 15 year olds outside the pub I used to work at, puking their guts up, rather than adults (C'mon, you're sort of adult at 20) drinking at private partys.

How do they justify sending 18 year olds to war but not letting them drink?

JerZeyGrlWakr1080 · Outlaw Joined: 01 May 2003 Posts: 182 City: Jersey

criminally_minded, i agree, there are 12 and 13 year olds drinking, and there worried about "almost" adults drinking, give me a freakin break.

criminally_minded · Posted: May 14, 2003 5:38 am Post subject:

20 year olds ARE adults, at least here in Australia they are.

JerZeyGrlWakr1080 · Outlaw Joined: 01 May 2003 Posts: 182 City: Jersey

20 year olds are adult basically adults anywhere, jus 21 is the legal age to drink, wtf...1 year difference

JerZeyGrlWakr1080 · Outlaw Joined: 01 May 2003 Posts: 182 City: Jersey

cops should be worring about people stealing and people commeting crimes insted of 20 year olds drinking

B-rad · Posted: May 14, 2003 6:17 am Post subject:

I think about the only way to get around it is if the host doesn't have a keg. I guess the parties are going to be BYOB from now on out there. I know I have keg parties and I have friends that are 19- 20 and they invite some friends, so there is usually a few people there underage drinking. I might have to look into the law here in Texas to see what it covers. I'd be scared to throw a party w/o checking ID's there, and that would be a pain in ***

Zach M · Posted: May 14, 2003 6:34 am Post subject:

Yeah, I think most parties will go the way of BYOB.

J_DOGG · Posted: May 14, 2003 8:56 am Post subject:

What kills me is the probable cause clause they mention, do we really know what probably cause is any more?

Any cop can use any reason to justify probable cause.... example.....

KID "why are you searching me for drug's I didn't do anything wrong". COP "you have a 420 hat on, you must be a pot head" probable cause, you bet...

Crazy stuff, I'm glad I'm OLD and don't need to worry about that crap anymore....

B-rad · Posted: May 14, 2003 10:23 am Post subject:

I wonder how old you have to be to NOT worry when you see cops. I'm 23, but still get nervous over seeing a cop in a bar or walking around. I think the majority of APD cops I have encountered have been cool. Willco is a different game though..

riverfreak · Posted: May 14, 2003 12:03 pm Post subject:

damn cops, they never go away, had the cops called on us last saturday at a party, of course the neighbors were standing on their pool slide at 1:00 in the morning while we (across the fence) chanted for them to take it off....same old same old, keep it down spill Laughing

and we weren't even being loud, some old grandma must have been standing outside her house.....ugghhhh, just when the party was getting good! Mad

Chales · Guest

Give me one good reason why there's a drinking age that I can't counter and I'll give you a dollar.

Nor*Cal · Ladies Man Joined: 12 Jan 2003 Posts: 9479 City: Sac

That's so lame. San Diego already has tough party laws as it is. This just makes it worse. And what are they talking about "adult." If you're 18 you are an adult as well.

DaveBrowning · Posted: May 14, 2003 6:40 pm Post subject:

If you can buy porn and nicotine, you should be able to buy alcohol. Laughing

Aubs · Motorboat Queen Joined: 12 Jan 2003 Posts: 9167

dave took the words rite outta my mouth

DaveBrowning · Posted: May 14, 2003 6:55 pm Post subject:

Sure did! Wow... now I'm thinking perverted thoughts!! Laughing

chris_hargis · Newbie Joined: 22 Apr 2003 Posts: 14 City: Alabama

I think the drinking age should be 39!! Then all you young farts would just have to sit around and watch me drink..... Mr. Green

I was lucky enough to come up in the 18 to drink era.....make that the 18 to legally drink era... When they decided to raise it to 21, I was stationed in Japan where they sold beer in vending machines on th e streets. When I left Japan, I was 21, so it didn't matter anyway. I certainly think there should be a military clause that says if you are serving in the military, you can legally drink with proof of military service (ID card).

For the rest of you, enjoy getting in your illegal drinks, because once i you are old enough, then it no longer holds the same alure as getting away with something.

JHrod · Wakeboarder.com Freak Joined: 12 Jan 2003 Posts: 3144

it's so much better knowing that even though you live in cali you guys have the fuzz to hold you back-----the freedoms you have in rural alabama Cool

DaveBrowning · Posted: May 14, 2003 7:13 pm Post subject: