By Nancy Huddleston, Editor

After some questions about what is “reasonable,” and “responsible,” the Savage City Council voted unanimously Monday night (July 6) to enact a social host ordinance.

The ordinance specifically singles out anyone who hosts an event or gathering and “knows or reasonably should know” that underage people may consume alcohol and “fails to take reasonable steps to prevent the possession or consumption” of alcohol by minors.

That includes gatherings in private homes and holds those hosting the event “criminally responsible” regardless of whether or not they provided the alcohol, or if they were home at the time.

Councilwoman Jane Victorey asked what lengths hosts of graduation parties need to go to in order to keep teens from sneaking alcohol.

Scott County Sheriff Kevin Studnicka said a lot of what is dictated in the ordinance is responsibility. And he admitted that graduation parties are a “high target” area.

“Can you put a sign up and say you cannot consume if you’re not 21 and walk away and think it’s not going to happen?” he asked. “If you turn your back and walk away, those (kegs of) beers will be gone. There are instances where you have to aggressively monitor the alcohol.”

To clarify the graduation party example, Councilwoman Christine Kelly asked if the sheriff was suggesting that every household employ an officer or professional bartender to check IDs at these types of gatherings.

“If you can’t leave a cooler, what can you do?” she asked, “What’s reasonable?”

Studnicka suggested the coolers be placed in an area that can only be accessed by certain people, or have a friend act as a bartender to monitor the alcohol. “There’s lots of ways to have a successful graduation party without allowing access to alcohol by 18-year-olds,” he said.

Kelly also asked if parents leaving a teenager at home for a few days alone while they go up north to the cabin should take extra steps to make sure drinking doesn’t take place while they’re away.

“I want to get a reasonableness of this,” Kelly insisted, “I’m in favor of some kind of social host ordinance, but I want to make sure the ordinance is reasonable so as not put any undue hardship on our residents.

“I want to know, as a resident, what’s expected of me,” she continued, “If I buy some liquor, put it in a cabinet and it’s not locked and we go to cabin leaving the 17-year-old here – I am supposed to take my vodka with me? Should I give to the neighbors? If I leave him at home, should I have ‘reasonably known’ that my liquor might be consumed?”

“No, if your son has a party and you didn’t know it was going to occur,” the sheriff answered, “You didn’t reasonably know that he was going to have a party. But if he told you and you knew there might be drinking and you admit it to officers, then you could expect something in the mail from the Savage Police Department.”

County Attorney Pat Ciliberto said the questions asked by the city council brought up good points, and the key to answering them is in the words “reasonably should have known.”

“You are under no obligation to lock your liquor cabinet to go away for weekend,” Ciliberto said, “You are under no obligation at a party – you just need to pay attention.

“This ordinance is not directed at children who are underage drinkers – it’s directed to the people over 18 who host underage parties. It’s directed at plugging a hole in the law.”

Furthermore, Ciliberto stressed, the law is a public safety issue for all residents, which is why it is important for social host ordinances to be passed by the county and its cities.

On June 2, the county passed a social host ordinance on a split 3-2 vote and it went into effect July 3. And during his presentation to the City Council, Studnicka touched upon that vote.

“At the county board meeting, there were a lot of weak arguments,” he said, “I don’t understand how a responsible parent can be worried about how their civil rights can be violated with this law.”

To date, Savage and Jordan have passed their own social host ordinances and Shakopee is due to take up the topic next week. Prior Lake enacted an ordinance this spring and has already issued several citations.

Mayor Janet Williams said it was important for everyone to act together on the social host ordinance. “The concern now is that it appears the ordinance may not be uniform countywide as different cities are changing it,” she said.

Ciliberto said Jordan city officials took out the word “knows” and left in “or reasonably should have known” but said that slight change is “workable.”

Councilman Gene Abbott said he wasn’t aware of the legal loophole before the social host ordinance was proposed. But when he went through the supporting information regarding the new law, he was “astonished” that a survey showed ninth- to 12th-graders said the most common place to drink was in someone else’s home.

“You hear about parties at parks and beaches, but to allow this to happen in a home is not excusable,” Abbott noted when he voiced his support of the ordinance.

Councilman Al McColl, a former police officer, said he’s seen the result of drinking too many times.

“I agree with the county attorney, but will say it’s not only public safety, it’s public health,” he said, “I was in law enforcement – I’ve seen the bad side of what alcohol can do on the road. The ordinance goes to protecting those who drink from themselves and from harming others.”

Nancy Huddleston can be reached at editor@savagepacer.com.

What do you think?

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