Alcohol: When Everything Falls Apart Literally Rachel
Higginbotham Ben McLemore Shep Lotz Brown vs. The Bixby Frog
Festival
Slide 2
Relevent facts of the Case Key Figures: Michael Kralek, Yvonne
Auclaire, Steve Haines, Jodi Porter, Bill and Jane Brown, Ed Rice,
Jonathon Allen, Cheryl Knotts. Main witness: Ed Rice- He identified
a student wearing a Harrison High School t-shirt and was able to
point the other 3 students that were with him in the Harrison
yearbook. 4 main participants: the 4 students: Michael, Yvonne,
Steve and Jodi These 4 students got drunk off of beer which they
were not carded for (they were all under 21), and ended up
vandalizing a random cabin they found. The owners of the cabin,
(Bill and Jane) found the cabin in destruction and decided to press
charges on the board committee of the festival where the beer was
sold.
Slide 3
Affidavits Affidavit of Bill Brown: to sum it up, basically
their whole cabin was in destruction. It smelled horrible and there
were numerous stains of vomit and blood. Multiple items were
broken, including valuables, and most all of them had to be
replaced. Affidavit of Sue Vickers: At the previous years Frog
Festival 2 teenagers got drunk and smashed through her stores front
window. It had to be replaced for $500 Affidavit of Michaels mother
(Patricia): She didnt think it was fair for her son to have a
juvenile record when he was provided beer by the festival. She
agrees with bill in blaming the festival committee for allowing
underage drinking. Affidavit of Jodis father (Harvey): He blamed
Michael for getting Jodi into trouble, because he claims that he
was the who reason they were in this mess.
Slide 4
Depositions Deposition of Ed Rice: He works at Jonathon Allens
liquor store and is told to check IDs there. He was not told to
check IDs at the festival and didnt limit anyone who was drunk,
because he said that was not his place to stop people. Deposition
of Cheryll Knotts: Has been on the festival committee for 5 years
and they have never had an age limit. She does not see a problem
with it, because it happens every year and people need to use their
own judgement. Deposition of Jonathon Allen: He makes a larger
profit from it and sees it as an opportunity to make money when he
does not restrict the drinking age. He thinks its the parents job
to keep their kids in line. Deposition of Michael Kralek: He knew
the festival had easy access to beer and had planned on drinking
before he went.
Slide 5
Depositions continued Deposition of Yvonne Auclaire: She knew
there was going to be drinking at the festival and had planned on
drinking before she went. Deposition of Steve Haines: He knew he
was going to drink before he went to the festival, but he didnt
plan on getting drunk. Deposition of Jodi Porter: She thought
beforehand that she would probably have something to drink at the
festival, but she didnt think she would get drunk. Admitted that no
one forced her into breaking into the cabin and that she did it on
her own.
Slide 6
Applicable laws to the case Each different state has different
laws referring to the consumption of alcohol guaranteed by the 21
st amendment. Every state is has the legal drinking age to be 21.
Drinking under the age of 21 is already an illegal act, as well as
driving under the influence which is a second illegal act. It is
illegal for anyone to sell alcohol and let them drink on their
property if anyone under the age of 21. It is illegal to buy
alcohol when under the age of 21.
Slide 7
Other Cases The Browns and the parents would want to bring up
the Martinez vs. Smith case, because it says that if the seller
sells alcohol illegally and the buyer becomes intoxicated and
causes harm to someone else, then technically the seller is
responsible for the buyers actions.
Slide 8
Relevant Information Behaviors that come from the indulgence of
alcohol can include impaired coordination of movement, errors in
judgment about movement, distance, and time. Heavy drinking can
result in violence and vandilization. The more serious the crime or
injuries, the more likely that alcohol was involved. In 1 year
$10,000 is the cost of alcohol-related crimes in the United
States.
Slide 9
Opinionated Outcome Based on all of the facts and information
given the festival should have gotten in trouble along with the 4
teenagers. It is illegal to provide and sell alcohol to minors and
the festival did it anyways. It is illegal to buy much less consume
alcohol when you are under 21 and all 4 students did that anyways.
Not only did the students drink alcohol, but their actions resulted
in vandalism, where the owners of the property damaged sued the
festival. The Browns had all the right notions to sue the festival
first, because they were the main source of the crime. Although it
is completely the kids responsibility of the vandalism itself, the
festival committee should be charged as well for breaking the laws
about the age of selling alcohol.
