Graduate Student Senate President Joel Newby told Student Senate last week that local law enforcement had been discussing the potential of a “social host” ordinance, but both Athens and Ohio University officials have said there is no written proposal — and there might never be one.
Under the would-be “social host” ordinance, law enforcement could arrest a person of legal drinking age who “negligently” allows an underage person to have or consume alcohol at his or her home.
“Negligently” is the center of the concept and the crux of the debate.
Such a “social host” ordinance would expand on language in Ohio law, which states “no person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming beer or intoxicating liquor.”
A social host ordinance, officials have said, would change the language from “knowingly” to “recklessly” or “negligently.”
“Under the ‘knowingly’ clause, I think courts have ruled that a police officer or undercover agents actually have to witness a party host or resident of the house hand alcohol to someone underage,” Athens Police Chief Tom Pyle said. “Under ‘negligently’ or ‘recklessly,’ it’s a lower burden of proof.”
It is rare police would be able to witness a party host “knowingly” provide alcohol to an underage person, Pyle said. Under the expanded language, police officers would still have to have information tying the person to the party.
“It would have to be more than just we arrest a guy walking down the sidewalk and he says, ‘Hey, I was drinking at 36 High St.,’ ” Pyle said.
But if an underage person committed a more serious crime, such as assault, then law enforcement could use the expanded language to investigate where the underage person received the alcohol. With enough evidence, even after the fact, a “host” could be charged. Under current state law, police have to witness the transfer of alcohol for any charges to stick in court, Pyle said.
The concept was recently presented to student senators Wednesday by Newby and Caleb Balduff, who both sit on the Joint Police Advisory Council, which has been tossing around the idea of the ordinance internally since late February.
Pyle said the council formed a subcommittee to look into the pros and cons of such an ordinance.
If enacted, party-throwers would have to do their due diligence to ensure those underage were not drinking at their event.
Pyle said a “sign up saying no one under 21 can drink” and “someone running the tap asking for IDs,” would, in his eyes, be “doing some due diligence,” even if someone showed a fake ID.
But few specifics have been worked out because the subcommittee has only met twice.
“We don’t even have draft language. We don’t even have a copy of Dublin’s language,” Pyle said, referring to an ordinance in the Columbus suburb of Dublin, where there is a similar law. “I think the whole issue deserves more discussion, exploration and study.”
Pyle said he has spoken with Dublin police to see how the law is enforced. He said they use the ordinance in regards to assaults, sexual assaults, fighting and other serious crimes that stem from someone who has been drinking underage.
“I could see us enforcing that much the same way, in theory,” he said.
He said the conversations about the social host policy are not related to fests.
“It has to do with a lot of things that happen at some house parties that are very damaging to a student or partygoer’s life,” Pyle said. “A lot of sexual assaults, fights, assaults and injuries. People falling off balconies.”
He said he expected the reaction from the senate presentation to be negative. The whole point of presenting the idea to senate was to open a public debate on the issue, Pyle said.
Nothing on the matter has been presented to city council — where an ordinance would have to be approved — as of press time, said Councilwoman Chris Knisely, D-at large. She added that most council members are not completely aware of it or have not formed opinions, though discussions on such an ordinance have been happening on and off for several years.
Knisely said she is not sure how she would vote, though right now she said she supports it.
Any ordinance would not impact OU’s campus, as the university is state property, Ohio University Police Chief Andrew Powers said, adding, “This is one angle … that’s being discussed of many strategies for trying to curb dangerous drinking behavior.”
OU administrators Ryan Lombardi, vice president for Student Affairs, and President Roderick McDavis are aware of the conversations taking place.
Still, Student Senate President Anna Morton said she is opposed to the idea, calling the impact on students “negative.”
Pyle said he doesn’t necessarily disagree.
“I have not said that I’m in full support of this,” Pyle said. “I’m intrigued by it, because I think it could have a positive effect. This might help, it might not.”
— Emma Ockerman, Joshua Lim and Maria DeVito contributed to this report.
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This article appeared in print under the headline "‘Social host’ ordinance in its infancy."
