Local Forum Underscores Resident Concerns—

Lawmakers Address Underage Drinking

By John Voket

Two weeks ago several dozen residents and town officials gathered for a Town Hall Meeting to address concerns of underage drinking in Newtown and across the state. While the subjects of discussion were somewhat varied, conversation always turned back to one thing — house parties.

More specifically, the lack of control many parents have when their children are provided alcohol at these private gatherings.

While Newtown has already has an ordinance providing a fine to adults caught serving alcohol to minors on their own private property, Police Captain Joseph Rios admitted that in cases where parents are predisposed to provide alcohol to underage guests, the threat of a $90 fine for violating the local ordinance is “just another party expense.”

But this week, legislators addressed the concerns of Newtown residents, and thousands of others who gathered for similar Town Hall Meetings on Underage Drinking across the state in recent weeks, by passing a law to make underage drinking on private property illegal, closing a loophole that has allowed parents to hold house parties for their teens and friends.

The bill passed Tuesday in the state House of Representatives on a 123-23 vote. At press time it was awaiting action in the Senate.

The legislation makes it illegal for someone who owns or controls private property to knowingly allow a minor to possess alcohol, or fail to make reasonable efforts to stop a minor from possessing alcohol.

A first offense would be an infraction. Subsequent offenses would carry up to a year in prison, a fine of up to $500, or both.

The bill would also make it illegal, with some exceptions, for a minor to possess alcohol anywhere, not just in public places. Existing law has been interpreted to mean a minor can possess alcohol on private property, said Rep Michael Lawlor, D-East Haven, co-chairman of the legislature’s Judiciary Committee.

“This bill would change that,” he said. “It would make it clear that minors are prohibited from possession or ingesting alcohol regardless of where they are.”

There is an exception in the legislation for giving alcohol to minors if it is part of a religious activity. There are also exceptions if someone over 18 but under 21 possesses alcohol in the course of their job, or has alcohol because of a doctor’s order.

The drinking age in Connecticut is 21.

Some critics of the bill said the legislation will encourage young people to drink somewhere other than the safety of their homes, fearing their parents would be arrested.

“It’s not going to solve the problem you’re looking to solve,” said Rep Konstantinos Diamantis, D-Bristol.

Concerns were also raised about whether police would be allowed to go on private property. Rep Michael Lawlor, D-East Haven, co-chairman of the legislature’s Judiciary Committee, said the bill does no such thing. He said there are existing rules that govern what police can and cannot do. Proponents of the legislation said it is much-needed.

Although about 40 municipalities, including Newtown, have similar bans on youth drinking locally, Rep. Lawlor said it makes sense to have a standard policy across the state.

Capt Rios, who has been with the Newtown Police Department for many years, and who was the town’s first school resource officer in 1994, said he came to the meeting to discuss how his department was dealing with teen drinking.

“The bottom line is, we want to be proactive,” Capt Rios said. “We have arrested underage people for drinking and driving, and this has been a problem for us.”

Capt Rios said for parents, getting the call from local police that their son or daughter is under arrest for DUI is an eye-opening experience. He said the police have already gone to several outdoor parties with teens drinking, some that were unsupervised and others that were apparently supervised.

Under the local statute, and the police department’s general charge, the obligation for an officer responding to a complaint is first and foremost to be sure anyone attending a party is safe.

“But if we take note there is alcohol present, we look to find out who owns the property, and we look to make arrests,” he said. “We look to do our job.”

The local police official caused a noticeable reaction from among the audience members when he pointed out that DUI arrests had increased 47 percent in Newtown between 2004 and 2005, and that on average, 75 people were arrested annually since 2001 for driving under the influence.

While Capt Rios did not have specific breakdowns on how many arrests were of underage drivers, he noted that the treatment of youths and adults in a DUI situation is the same. He encouraged residents to take a stand and make the call, if not to police then to school officials, if underage drinking is suspected on private property in Newtown.

The risk one takes in this case, including the possibility of having to be called as a witness or filing an official report, far outweighs the alternative, Capt Rios said.

“If you want to remain anonymous you can do so. As a community, it is our responsibility,” he said. “I can tell you that when you go to an accident scene, and you are looking at young people who are critically if not mortally injured, and you determine alcohol is related, there is nothing worse than that.

“It burns in your mind, because you know this could have been prevented,” he said.

Also on the bill at the forum, Danbury Hospital Emergency Room Physician William Begg, MD, echoed Capt Rios’ concerns for the health and welfare of Newtown’s young people.

“A typical night in the emergency room, I’ll routinely see a number of kids, 13, 14, 15 who come in unconscious because their alcohol level is as high as adults’,” Dr Begg said. “They’re found passed out at these teen parties and brought in.”

The ER physician said the toughest part of his job is when he has to call parents to tell them their child has died, or has life-threatening injuries.

“The parents come in and say ‘What can I have done?’ and I’ll tell you it’s nights like this that make a difference,” Dr Begg said of the Town Hall Meeting.

According to the doctor, fully three-quarters of the head injuries he said he sees at Danbury Hospital are alcohol related.

“Your brain is your computer, and if you have a head injury, your brain is never the same,” he said. “Your ability to interact with your peers, obtain successful employment, do well in school, or compete in sports is never the same.”

When it comes to trusting that adults will oversee teen partygoers, parents in attendance at the meeting generally felt it was a gamble. First Selectman Herb Rosenthal shared a personal experience from when he was serving on the Board of Education.

Mr Rosenthal said his then-16-year-old daughter was planning to attend the birthday party of one of her friends. And Mr Rosenthal felt there was little cause to be worried since the party was being hosted by a prominent local clergy member.

“Most of the time I checked, but I didn’t feel the need to check this time,” Mr Rosenthal said. “But my two sons went to check on their younger sister. And this particular party was a lock-in party and they had every kind of alcohol you could imagine. So don’t take it for granted when there is a party, that you know what is going to happen there.”

School Superintendent Evan Pitkoff spoke relating the district’s upgraded policy on underage drinking.

“If you are using substances and coming to school high, that’s raising a red flag,” Dr Pitkoff said.

He said the first offense of an incident of possession, the police are called and there is a district disciplinary procedure. Whether it is possession, or a case of being under the influence, the student will be required to undergo a substance abuse assessment from an appropriate program.

The first offense would also result in the student being excluded from all extra-curricular activities for 60 days, a minimum of a five-day in-school suspension, and the requirement to sign a behavior contract. According to Dr Pitkoff, if there is a second violation, additional support would be made available for assessment and treatment, but the student would be recommended to the Board of Education for expulsion.

(Associated Press reports were used in this story.)