POLL: Should BYOB Hosts be Held Liable for Underage Drinking?
State Justices ruled this week that party hosts would not be held liable if underage guests drink and drive and cause injury or death as a result.
Residents throughout the Commonwealth who choose to host "Bring Your Own Booze" parties are now free from liability if underage drinking occurs at those events and guests who drive drunk cause injuries, death or damage, according to a Boston Herald report Tuesday.
The ruling derives from a majority opinion of Massachusetts Justices Fernande Duffly, Robert Cordy, Barbara Lenk, and Francis Spina, who claimed that social hosts can't be expected to "police their guests' drinking" and the ruling states that only hosts who supply alcohol to guests can be held legally responsible, according to the Boston Herald.
But we want to know what you, as residents, think about the issue. Do you agree or disagree? Weigh in with your thoughts in today's poll and comments below.
Paul Martin
11:38 am on Wednesday, February 22, 2012
People will drink at a party even if it's unbeknownst to the host, or even against the host's wishes. Some things just can't be controlled. This is one of them.
Erin B.
4:27 pm on Wednesday, February 22, 2012
Over 30 states have social host laws that effectively require adults to police their parties. The fines and penalties associated with the laws help to keep revelry from turning deadly. "People" over the age of 21 are not covered by the social host laws in most if not all cases; they're considered their own hosts and held personally liable for their drinking and subsequent behavior. Those under 21 are a different story in my opinion. If an adult willingly allows underage drinking, they should be subject to penalties. If the adult in question can show that they were not enabling the behavior, then they can fight the charge and will often win.
There are definitely fine lines but to say that it's ok for an adult to willingly look the other way when they know that there is underage drinking going on doesn't sit well with me.
Paul Martin
5:20 pm on Wednesday, February 22, 2012
No, that wouldn't sit well with me either. If the adult host willingly looks the other way that's a whole different ball game. From experience as a youth, I know that it does happen even when the best of precautions are taken to prevent it, and it doesn't necessarily make anyone a bad parent (unless the "People" are enabling by looking the other way, like I said in so many words, chess vs. checkers, apples vs. oranges, etc. etc.). Kids are smart. They'll find ways. So if you're really worried about it, don't let anyone under 21 in your house, because you never know.
Dottie Plouffe
4:26 pm on Wednesday, February 22, 2012
Just this weekend our house & neighborhood was turned upside down by 18 & 21 year olds who thought it would be fun to pound on our door @ 3:40 in the morning. Not only did they do this to our house but our neighbors as well, @ another house a mailbox was destroyed. The police did a great job of arriving on the scene VERY quick but what didn't happen is any follow through. My neighbor & I both thought that someone was trying to break into our house. Had I not gone to the police station to check things out myself the next day I never would have known the actual truth. Hosting minors & allowing them to drink is never the right idea. If your not responsible & checking in on your minors party to make sure that's it a safe environment then you shouldn't be hosting.
Dottie Plouffe
4:58 pm on Wednesday, February 22, 2012
I should make my comment more clear. The police did an excellent job. They were here in a snap & stayed in the surrounding neighborhood looking for the involved parties. All involved except for 1 were from Westford. I think it was the responsibility of our neighbor to follow up w/us. I am not perfect and I make mistakes all the time but when my mistakes affect others I will alway try to acknowledge my ownership in my mistake.
WW Resident
9:44 am on Thursday, February 23, 2012
Is this Patch for Westwood or Westford?
Paul Martin
11:56 am on Thursday, February 23, 2012
This is Westwood
Colin P. Varga
11:14 am on Thursday, February 23, 2012
Kids are smart, but hopefully adults are smarter. If not we might as well give up now. The main question seems to derive from a matter of responsibility. Is a host responsible for what happens on their property or property for which they are responsible. I think the answer is, yes. Without a law it seems only a minor will be responsible. Is that smart?
A host that allows underage-drinking and driving has either allowed it to happen knowingly or unknowingly. If knowingly this person is certainly liable for the actions of a minor in a vehicle, to what extent can be determined in court. If unknowingly this person's competence has to be questioned. If a host of a party believes that a minor there will drink and drive that host needs to address that possibility.
Paul Martin
12:02 pm on Thursday, February 23, 2012
You bring up a great point with driving. I think that when there are cars involved, and people are going in and out of the house, it's good to have anyone who's driven to leave their keys with host, that way when they want to leave, they'll have to get through that final check before they can get their keys and drive home. One thing kids won't be smart about is hiding the fact that they've been drinking after the fact, as they are likely inexperienced and new to the feeling. Even grownups are bad at acting sober most of the time. It really comes down to the circumstance. I don't believe that a parent should breathe down their kids necks at all times, because that's just embarrassing, and you don't want to embarrass your kids in front of their friends, but I also think they should have a good idea of what's going on under their roofs. It's a pretty gray area, and there's no wonder why it's an ongoing issue.
Colin P. Varga
12:30 pm on Thursday, February 23, 2012
No, I didn't bring it up. Underage drinking "and" driving is the whole point of the ruling by the court. With such a law it would be a gray area settled in courts, without a law it is clear: the host is not responsible for a minor they supply with alcohol who then drives and causes injuries or death. Also, we aren't just talking about parents but hosts who can be adult friends of minors.
Paul Martin
1:05 pm on Thursday, February 23, 2012
Oh, I thought you brought it up in that last comment, but what I really should have said was simply "good point." My mistake. Thank you for the correction.
Colin P. Varga
2:34 pm on Thursday, February 23, 2012
You're very polite Paul. Really the question in the poll should be reworded.
Paul Martin
2:48 pm on Thursday, February 23, 2012
Thank you Colin. I think politeness goes a long way, it keeps things on the best course. If you want, I could pass the idea along to Matt and see if a new poll could be discussed. I can't promise anything since I technically don't write for the WW Patch anymore, but I wouldn't mind shooting him a quick email to get the idea rolling.
Colin P. Varga
6:08 pm on Thursday, February 23, 2012
Well, the poll isn't scientific. To be less confusing maybe some time should pass until the issue is newsworthy again. (Unfortunately that will probably be when there is a terrible accident.)