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Be a Parent, Not a Pal


Will you be hosting an $8 million party for your high school graduate this June?  “Don’t be absurd,” you respond.  “Of course we intend to celebrate this milestone with family and friends, but food, drink and fun certainly won’t cost anywhere near $8 million.”

 

It just might if you allow underage drinking.

 

On June 22, 1996, Cohasset oil company executive John Lennon hosted a party for his son, who had graduated from Thayer Academy, and his daughter, who had graduated from college.  At the party teens helped themselves to unsupervised kegs, and adults and kids played drinking games together.  Gregory Smith, age 18, died when his pickup truck smashed into a telephone pole less than a mile from his Marshfield home as he returned from the party.  His blood alcohol level was .19, more than double the state’s legal limit for adults.


The State of Massachusetts charged Lennon with nine counts of providing alcohol to minors and one count of contributing to the delinquency of a minor.  A jury acquitted him of all charges because he was not seen actually giving a drink to Smith.  Smith’s family subsequently filed a civil suit alleging that Lennon was responsible for their son’s death because he had served alcohol at the party.  In December 1997, the parties settled out of court for an undisclosed sum. 

 

However, the Smiths received no satisfaction from the criminal trial and civil settlement.  Under the law as it then existed, adults who permitted minors to drink on their property were nearly free of liability unless they physically handed the alcohol to the minors.  The Smiths decided to focus their efforts on changing the law.  On August 4, 2000, four years after the death of Greg Smith, Governor Paul Cellucci signed St.2000, c. 175, an emergency act amending M.G.L.c. 138, § 34, the law relating to the sale, delivery or furnishing of alcoholic beverages to persons under 21 years of age.  This bill strengthened the social host law by expanding the definition of “furnish” to include “allow.”

 

The law now provides that “whoever” furnishes alcohol to a person under 21 years of age shall be punished by:

 

The statute defines “furnish” to mean knowingly or intentionally:

 

The statute makes an exception for the children and grandchildren of the host.

 

Many parents remember drinking when they were 18, and they expect their underage kids to drink, too.  “Kids will be kids,” they say.  They worry about what their kids might do when drinking, so some well-meaning parents attempt to provide a safe haven by allowing kids to drink in their homes, yards or beach houses.  A few even rent hotel rooms for post-prom parties.  They collect all of the car keys and perhaps keep the kids overnight in an attempt to protect them.  However, the facts show that kids bring a spare set of keys and drive away, climb into boats, get into fights, fall down stairs and break their necks, become comatose from alcohol poisoning and die in numerous unexpected ways after drinking at a “safe haven.”  According to the local district attorneys, most of the sexual assault cases involve alcohol.

 

Significantly, good intentions and the attempt to provide a safe place for kids to drink have not insulated the host from the application of the social host law.  Nancy St. Jean permitted her 16 year old daughter Ashley to hold parties in their Haverhill home on Friday nights.   Mrs. St. Jean did not supply the alcohol, but she looked the other way when Ashley’s friends brought alcohol into her home.  On the night of December 12, 2003, teens carried cases of beer past Mrs. St. Jean as she sat in her living room.  Michael Berry, age 16, drank until he was intoxicated, and sometime after midnight was asked to leave the party.  On his way out of the house, he smashed his fist through a glass window, then wandered to a neighbor’s porch where he died of blood loss and exposure.  Judge Robert Brennan of the Haverhill District Court sentenced Nancy St. Jean to one year in the House of Correction, six months to be served, and imposed a $2,000 fine for allowing the drinking party in her home.  “This is supposed to hurt,” he said of his sentence.  “This is the most egregious example of what this statute was adopted for.  The intent of the Legislature was to protect young people not equipped to handle the effects of alcohol and who depend on adults to supervise them and prevent this type of tragedy.”

 

The age of the host is not a defense, so teens hosting parties for their friends are also at risk.  In January 2003, while on winter break from Syracuse University, Brendan Kneram, age 19, purchased beer and engaged in drinking games with three underage pals at his home in Newburyport while his parents were out for the evening.  When Mrs. Kneram called to say that she would soon be home, the friends prepared to assemble elsewhere.  Refusing to heed Brendan’s warning that he was too drunk to drive, Billy White drove off alone.  Soon after, Billy struck two pedestrians, killing 16 year old Trista Zinck and seriously injuring 17 year old Neil Bornstein.  Kneram pled guilty to one count of violating the Social Host Law, expecting leniency in sentencing.  However, Judge Peter Doyle imposed the maximum sentence.  Shocked at the prospect of jail, Brendan hired a new attorney and sought post-conviction relief, arguing that his guilty plea was invalid because, as a minor, the Social Host Law did not apply to him.  Judge Doyle denied the motion, and Kneram appealed.  The Appeals Court of Massachusetts stated:

 

In this tragic case, we hold that “whoever,” as used in G.L.c. 138 § 34 (furnishing alcohol to a person under twenty-one), means precisely that.  As such, the defendant, a young college student with no criminal record, will serve a jail sentence, the sadness of which is overshadowed by the death of a sixteen year old child struck by another to whom the defendant furnished alcohol.

 

A death or serious accident resulting from underage drinking may also lead to a civil suit.  Violation of a criminal statute such as the Social Host Law is evidence of negligence even if the authorities do not charge the host with a crime.  As evidenced by the judgment obtained in Bornstein v. White, juries are likely to award large sums in cases where a drunken teenager causes death or catastrophic injury.

 

 

While White and Gateway were not social hosts, the parties to this action could just as easily have filed suit against Kneram.  Such a judgment prompts the question:  what are the limits and exclusions of your homeowner’s policy?

 

A violation of the social host law has other, less obvious consequences for adults and kids.  Rule 62 of the Massachusetts Interscholastic Athletic Association provides that students who “use, consume, possess, buy/sell, or give away any beverage containing alcohol” lose eligibility for interscholastic contests.  Just a few months ago, King Philip Regional High School in Wrentham suspended football players and cheerleaders who had attended a house party where teens were drinking.  Sadly they had to miss the traditional, highly anticipated Thanksgiving Day football game against rival Franklin High School.  The “Common Application” used by nearly 300 colleges requires applicants to report disciplinary actions/convictions related to alcohol use.  Applications to law and medical schools, the bar examination, government jobs and even mortgages inquire about criminal records.  Plus arrests made at teen parties often make the headlines of local, regional and sometimes even national print and television news.

 

The law has very few bright lines, but the Social Host Law is one of them.  Furnishing alcohol to anyone over 21 is legal; furnishing alcohol to anyone under 21 is illegal.  Serving or providing alcohol to underage guests or allowing them to drink alcohol in your home or on any other property you control is against the law.  If you furnish alcohol to those under 21, you are subject to criminal prosecution and penalty.  You may also be sued civilly.  If you are sued, you may be entrusting a jury to decide whether you are liable and how much you will have to pay for injuries caused by, or to, your guests.

 

Is a graduation or prom party worth going to jail and $8,000,000?

 

Frequently Asked Questions about the Social Host Law

 

Does the Social Host Law apply to my son, who is not yet 21 years old?

 

 

Can I avoid liability by renting a hotel room for my son/daughter’s graduation party?

 

 

If my child hosts a party while I am away, can I still be held liable?

 

 

Can I serve alcohol to my own children?

 

 

What should I do if my son/daughter’s underage friends bring alcohol into my home and start drinking?

 

Will my homeowner’s policy cover the costs of litigation and any judgment against me or my child?

 

One of my underage children is in college; the other is in the military. Why can’t I serve alcohol their friends in the safety of my own home if their parents give permission?

 

For more information about the Social Host Law, go to www.socialhostliability.org.

  

Author: Cheryl Bailey, Marketing Manager, Campbell Campbell Edwards & Conroy, P.C. "Be A Parent, Not A Pal" is a pro bono program sponsored by the firm. Cheryl has assisted several of the attorneys at the firm present this information to many area school districts.