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 jsherman2@wisc.edu

Nicole SchieslerCDFGC513-751-8000nschiesler@drugfreecincinnati.org

Jerry HayhowTerrace Park Police Chiefhayhow@terracepark.org