By Danny Teigman
Long Beach would be the first community in New York State to adopt such legislation.
Scheduled for public discussion at a City Council meeting June 20, Judi Vining, who is a founder of the coalition and who runs the FACTS program at Long Beach Medical Center, explained that social host legislation is what it will take to protect area teens.
"We need the community to support the parents in setting and enforcing rules," she said.
Founded in 2001 with Federal grant money, the coalition's three main goals are limiting the access minors have to alcohol, increasing enforcement and educating adults.
If passed, the ordinance would mark the second time in five years that the coalition has successfully changed the law.
Prior to 2001, minors who were caught drinking would simply pay a $25 fine. Seeking to up the ante, Vining said the coalition lobbied to have minors appear in court for their actions as well as attend a three-week education course on the dangers of underage drinking at the Long Beach Medical Center.
Vining also said that underage drinking is exacerbated by adults who offer mixed messages to their kids. A survey issued by the American Drug and Alcohol Survey and taken by Long Beach High School students in 2003-2004 revealed that 26 percent of 11th grade students who had consumed alcohol had done so with their parents knowledge.
She also pointed out that parental knowledge does not necessarily mean parental consent as many parents and adults simply wink and nod.
"The clearer the rules, the less kids drink," she added.
The Long Beach ordinance, Vining explained, is modeled after a similar law was passed in San Diego in 2000. Minnesota has the Brockway Bill which makes it a felony for an adult to serve alcohol to a minor and 55 municipalities in Connecticut have enacted similar measures.
Seeking to dispel concerns of severity, Vining said that if underage drinking is occurring at a house party or at a gathering on public property, adults have ample time to break-up the party and file a police report without incurring any fine themselves.
Denis Kelly, the attorney and coalition member who drafted the ordinance acknowledged that "people are fearful that this kind of a law would be an invasion of their privacy,"
But, he said "this law is about to give the police a tool by which to address underage drinking parties by holding an adult responsible."
While supportive of the idea in principle, Kathleen Slattery, president of the West End Neighbor's Association said she had reservations.
"New York State has had social host legislation since 1983. My understanding is legally courts have held adults responsible if they are present and not responsible if they are not present," she said.
But Long Beach Police Lt. Michael Tangney, another founding member of the coalition, said there were several distinctions. New York State's old "Dram Shop" laws are often used against bar owners who can be held liable for negligence in civil law as third-party providers of alcohol after a car accident has occurred.
Under New York State Penal Law, individuals who serve alcohol to minors can be charged with "unlawfully dealing with a child." However, Tangney explained, one must physically witness alcohol being given to a minor. The "Dram Shop" laws are only civil and carry financial penalties.
If broken, the proposed ordinance would be considered a criminal violation, Tangney said. Failure to file a police report, take corrective action or preventative measures would result in a mandatory fine of at least $50 and could be as high as $500 or a 15 day prison term.
The "threshold for proof of the violation is lower," Tangney said regarding the ordinance, adding "enforcement is what gains compliance."
Nassau County Legislator Denise Ford, a coalition member herself, said she also supports the local ordinance. While she remained "optimistic" that the county would examine the Long Beach model and someday seek to emulate it, Ford cited concerns over Nassau's "many different neighborhoods" that might slow down the legislative process. She pointed out that it took the county years to adopt "tobacco 19."
Kelly stressed that the ordinance was still in its earliest stages of development.
"We would like the city and its lawyers to thoroughly review the law to ensure that its not unconstitutional and to make whatever corrections they deem necessary," he added.
Coalition members said they hoped the community recognized the positive motivations behind the ordinance.
"We're not talking about being prohibitionist. We're talking about keeping kids safe and healthy and not permitting them to break the law," Vining said.
Comments about this story? DMiller@liherald.com or (516) 569-4000 ext. 213.
