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Social Host Ordinances
Julia Sherman, Wisconsin Alcohol Policy ProjectNicole Schiesler, or a Drug-Free Greater Cincinnati
Chief Jerry Hayhow, Terrace Park, OH
What’s
In this discussion liability or liable only refers to the possibility of sanctions for an illegal act and not any private action or lawsuit as a result of loss or damages.
Topics
The elements of a social host ordinance – Wisconsin
Adopting a social host ordinance – Ohio
Implementing a social host ordinance - Ohio
Underage Drinking in WisconsinFrom 2001 through 2007, Wisconsin high school youth had the highest prevalence of current alcohol use in the nation.
As of 2009 this trend was broken, with Wisconsin dropping out of the top few states in youth alcohol consumption.
In 2011, Wisconsin high school youth had the 8th highest prevalence of current alcohol use, tied with two other states; thus the progress suggested by the earlier reduction appears to be sustained.
Wisconsin Epidemiological Profile on Alcohol and Other Drug Use, 2012
Wisconsin’s Alcohol Policy Framework
Alcohol control is primarily a local responsibility in Wisconsin.
Municipalities may make an act illegal but cannot create crimes. Municipal violations go to municipal court.
Violators may be jailed for failing to pay a municipal forfeiture, but not for municipal violations.
Ordinances may not go further or contradict state law but may be adopted where state law is silent.
State law is silent on the legibility of providing a location for underage drinking regardless of the source of the alcohol.
The Situation:
Responding to noise complaint
Can see underage youth & alcohol through window
No one responds to knocking or refuses entry.
Cannot determine who provided alcohol, no search warrant or citation is issued
The exact situation varies………….:• Adults or parents maintain they
are unaware of underage drinking elsewhere on property.
• Adult legal age sibling allows younger sibling to use throw party.
• Parents/adults fill fridge with legally purchased alcohol and leave for extended period.
• Parents/adults rent hotel room with knowledge of underage drinking to occur.
Definitions set tone & parameters
Gathering: 3 or more unrelated underage individuals
Host: Allow, organizes, supervises, permit allows and “fails to take action to prevent”
Location: Farm fields, lands, hotel rooms, apartments, permanent or temporary dwelling, uses with or without permission, rented rooms
Prohibited Act
Host knows that an underage individual will or does possess alcohol (or ready access to alcohol) with the intent to consume and fails to take reasonable steps to prevent it.
Municipal Court Handles Citations
Forfeiture: $500 - $5,000Usually $1,000 assessed
Municipal judges may require appearance.
Strengths:
Forfeiture amount gets attention
Creates an effective deterrent
Tavern League LOVES it.
Citations may be issued & amended or dismissed after
investigation.
Limitations
Depends on support of municipal judge.
Vulnerable to state preemption.
Some attorneys feel it is in conflict with state law.
Benefits
Campaign for adoption advanced community readiness.
Coalitions must engage with the police department & municipal courts
Anchors a changing community norm – strong follow up to Parents Who Host Lose the Most: Don’t be a Party to Teenage Drinking.
Topics
The elements of a social host ordinance – Wisconsin
Adopting a social host ordinance – Ohio
Implementing a social host ordinance - Ohio
Who We Are
• CDFGC was founded in 1996 as a comprehensive effort to address youth substance abuse
• We serve a 10 county region in Ohio, Kentucky, and Indiana
• It is our vision that every child in our community that is purposely drug free
What We Do
• Mission: to promote drug free environments for youth by enhancing partnerships to educate, advocate, and support locally based community mobilization
• Goal: to prevent and reduce substance abuse among youth
Strategic Pathways
• Prevention Research – to ensure data driven decision making for prevention action
• Local Coalition Development – to strengthen and support local, neighborhood anti-drug efforts
• Prevention Action – to establish and strengthen collaboration across community sectors to implement evidence based prevention
The Coalition Approach
• Build and expand community partnerships• Increase public awareness to build community
readiness to address the problem• Empower families and youth with knowledge to
practice prevention• Limit access to addictive substances• Expand early detection and intervention• Impact policy for long-term change• How do we know?
WE HAVE A PROBLEM
• How do you know?• What can you do about it?
Strategic Prevention Framework
What does your data say?
• Understand a population's needs• Review the resources that are required and
available• Identify the readiness of the community to
address prevention needs and service gaps.• Logically connect the problems with possible
solutions
The Problem
• 17.8% 7th-12th graders used within the past 30 days
• Average age of first use = 13.4 years• Students perceive alcohol and marijuana as
less harmful than prescription drugs and tobacco
• 23.5% of 12th graders reported binge drinking
Root Causes
• Availability (Both social and retail)• Favorable attitudes and community norms
Local Conditions
• Ease of Availability - 44.6% report easy/very easy
• Where? 12.2% (Friend’s House)• When? 18.9% (Weekends)• From Whom? 17.7% (Friends)• Attend Parties Where Alcohol is Present -
10.2% A Lot
Interventions
• Hosted a forum with law enforcement, judges, and other individuals that work at the systems level
• Held in 2010 and 2011• Product = Assist communities in passing a
social host ordinance• How do we move communities in this
direction?
Social Host Ordinance Toolkit
• Develop a tool kit that was funded through the Drug Free Action Alliance– Explains the laws in user friendly language– Discusses if a social host ordinance makes sense
for your community
Building Capacity
• Build the readiness of communities to understand the value of this effective prevention strategy
• Hosted a training in May of 2013– Terrace Park, OH– Norwood, OH
Topics
The elements of a social host ordinance – Wisconsin
Adopting a social host ordinance – Ohio
Implementing a social host ordinance - Ohio
Terrace Park, OH
• Describe Terrace Park, OH• Describe the Warrior Coalition and its
founding• How did you know Terrace Park needed a
social host ordinance?• Discuss the Ohio laws and why there was a
gap
Terrace Park, OH
• What couldn’t you enforce before that you are able to now?
• Share and describe ordinance language• Who were the key players that needed to be
around the table?• How has it been enforced?• How is it supported after the officer issues the
citation?
Terrace Park, OH
• How has the ordinance passing and enforcement made a difference?
• What barriers have you experienced?• Do you feel anyone can do this in their
community?
Sustainability
• CDFGC will continue to work with communities to pass social host ordinances
• This process will sustain in our 2014 alcohol logic model
• We continue to plan, implement, and evaluate this process
Questions?
Julia ShermanWisconsin Alcohol Policy Project608-262-0370 [email protected]
Nicole [email protected]
Jerry HayhowTerrace Park Police [email protected]
