OJJDP’s Enforcing the Underage Drinking Laws Program

1. OJJDP’s Enforcing the Underage Drinking Laws Program Connecting the Dots…. Identifying Environmental Strategies & Enforcement Strategies to reduce youth access to alcohol

2. Session Overview • Brief history lesson of alcohol regulation • Review of Underage Drinking Statistics • Overview of Environmental Management Approach • Identify & Discuss environmental strategies to address underage drinking to include • Outlet Density, Server Education Programs, Taxes, Warning labels, Social Host Laws

3. Session Overview • Identify and Discuss “best practice” enforcement strategies to address underage drinking to include • Compliance Checks, Shoulder Taps, Controlled Party Dispersal, Youth Impaired Driving Enforcement • Recap

4. History of Alcohol Laws • Prior to prohibition • Laws were designed to control drunkenness and not drinking. • For religious and health reasons more pressure was applied to ban alcohol.

5. History of Alcohol Laws • In the 1850’s states began to go dry. • By 1919 enough support was gained to pass the 18th Amendment which became law in 1920 • The Volstead Act furthered the prohibitions.

6. History of Alcohol Laws • Prohibition’s Failures • People wanted to drink so alcohol consumption and sales went underground. • In New York they went from 16,000 saloons to as many as 100,000 speakeasies. (Moonshine = First “Alcopops”)

7. History of Alcohol Laws • Much of alcohol became controlled through organized crime and corruption became common place. • Doctor’s writing illegal prescriptions • St. Valentine’s Day Massacre (Capone-Moran) • NASCAR

8. History of Alcohol Laws • Prohibition Repealed • Prohibition – Also known as the Noble Experiment failed – Dec. 5, 1933 it was repealed. • Prohibition has been blamed for many things including changing the drinking habits of our country for the worse.

9. History of Alcohol Laws • States were given the authority to decide for themselves if they wanted alcohol, as well as, the ability to create their owns laws to govern it’s manufacture, distribution and sale. (see “Toward Liquor Control”) • 50 Different liquor codes which incorporate some level of local control/input

10. History of Alcohol Laws • States chose one of two primary methods of control. • License States. (MO) • License is issued to vendors then regulated by the state • Control States. (VA) • State controls the wholesale level and distribution of alcoholic beverages

11. History of Alcohol Laws • In the last decade some control states have privatized some aspects of the alcohol industry • Alcohol Legislation is typically done piecemeal without much thought to an overall strategy

12. History of Alcohol Laws • Federal Government re-enters the picture. • 1980’s - MDLA • Lower BAC levels • Both tied to highway Funds. • Enforcing the Underage Drinking Laws Program (EUDL)

13. History of Alcohol Laws • Research has continued to expand and more factual information is available on the physiological effects of alcohol consumption. • Medical Research supports minimum age of consumption. • Levels of impairment have been defined and blood alcohol contents have been established to protect the citizens.

14. Underage Drinking Is there REALLY a problem?

15. Underage Drinking is a $62 Billion a Year Problem in the U.S. Total Cost of Underage Alcohol Use in the United Statesfor 2010: $62 billion Medical Care:$6.9 billion Work Loss & Other Costs:$18.2 billion Pain & Lost Quality of Life: $36.9 billion

16. Underage Drinking is a $0.6 Billion a Year Problem in Iowa. Total Cost of Underage Alcohol Use in Missourifor 2010: $0.6 billion Medical Care:$117 million Work Loss & Other Costs:$137 million Pain & Lost Quality of Life: $327 million

17. Associated Costs – (2007) • Nearly 15% of alcohol sold in the country is consumed by underage drinkers. • These sales provide $11.9 billion yearly in profits to the alcohol industry. -PIRE, 2009 • Totaling 24.2 Billion in sales

19. Is There a problem? • Underage drinking kills 6.5 times more youth than all illicit drugs combined • Yet a 2001 report found that only $71 Million of the federal government’s fiscal year 2000 budget was allocated for the prevention of underage drinking while $18 Billion was spent on the “drug war”

20. Prevention is based on a simple premise: Risk & protective factors To prevent a problem from happening, you need to identify the factors that increase the risk of that problem developing and find ways to reduce those risks.

21. Young People Face Increasing Risks Today • Socially • Peers, pressure, environments… • Economically • Spending money, jobs, opportunities, future… • In terms of Information • Clarity, truth, creativity, media… • In Terms of Family • Expectations, roles, time, bonding…

22. Many social conditions contribute to underage drinking. • Youth norms about drinking acceptance • Low perceptions of risk • “Work hard, party hard” cultural norm • Perception that prevention is a waste of money • Cultural acceptance of alcohol industry sponsorship • Perception that “It’s only beer” • Parental attitudes and norms

23. Many Media Conditions Contribute to Underage Drinking • Youth –oriented alcohol advertising • Positive depictions of alcohol and tobacco in mass media • Placement of ads and promotions where they are viewed by many youth • Lack of aggressive coverage of AOTD issues

24. Environmental Prevention A new way of thinking about youth alcohol Use Environmental prevention removes the focus from individual behavior and attempts to impact the larger environment.

25. Environmental StrategiesWhat are they? • Strategies used to reduce problems associated with the use of alcohol, tobacco and illicit drugs through changes in the social, economic and political environment

26. Essential Elements of Effective Prevention of ATOD Problems

27. The following are some basic concepts of environmental change: • Establishes or changes community standards. • Policy-oriented. • Addresses the physical, social, political and economic factors. • Involves citizen participation, including youth. • Engages citizen action. • Involves partnership with Enforcement.

28. Environmental Prevention ENVIRONMENTAL STRATEGIES • Focus on policy and policy change • Focus on social, political and economic context of A/R problems • Long-term focus on policy development • People gain power by acting collectively • Individual as advocate INDIVIDUAL STRATEGIES • Focus on behavior and behavior change • Focus on relationship between individual and A/R problem • Short-term focus on program development • Individual does not usually participate in decision making • Individual as audience

29. Risk reduction has become a battle between “Individualists” and “Environmentalists.” • Individualists: “Change or protect the child and you can reduce risks and dangers.” • Environmentalists: “Change the conditions around the child and you can reduce the risks and dangers.”

30. The “Battle” is a losing fight for everyone. • Both strategies can co-exist . WHY…BECAUSE…… • Risks are individual and environmental.

31. None of us live in a vacuum. COMMUNITY FAMILY Faith institution WORK TV Individual SCHOOL MOVIES, MUSIC FRIENDS FINANCES GOVERNMENT

32. Why do some people have difficulty embracing environmental strategies? • Individual strategies have been around longer. • Individual strategies offer a quicker “fix.” • Environmental strategies implicate all of us in the problem. • Environmental strategies require challenging the existing power structure.

33. Effective individual strategies can assist and support environmental changes. Individual Environmental School Policies Civic projects Advocacy Social Marketing Limiting Access • Mentoring • Boundaries • Expectations • Clarity • Education • Alternatives

34. Start With an Assessment of Your Community • Data Collection • Conduct an environmental scan • Obtain data from police • Obtain data from YBRS • Community Support

35. Identifying Strategies • Enforcement • Policy • Media Advocacy • Education and Awareness • Involving Youth After you have played detective . . .

36. Community Interventions • After assessing the problem, communities should: • Involve gatekeepers and key community leaders • Rely on scientifically – based strategies • Implement strategies tailored to the specific problems and resources in the community • Consider strategies including community organizing, public education, coalition building and strategic use of mass media

37. To Build a Healthy Environment, Here Are Some Basic Tools • Alcohol is . . . • easy for youth to access • prominent in entertainment media • advertised in venues that reach youth disproportionately • cheaper than 30-40 years ago • ______________ • Kids get access from adults in social and retail settings Focus efforts on adults and engage entire society The Surgeon General’s Call to Action To Prevent and Reduce Underage Drinking 2007 Reducing Underage Drinking: A Collective Responsibility 2003 Report to Congress

38. Policy Interventions • To prevent underage drinking, policy interventions must focus on the Availability of alcohol • Effective policies address the 4 P’s • Price • Place • Product • Promotion

39. Environmental Strategies: Alcohol • Taxes (Excise & Sales) • Theory is to raise the price to discourage purchase by youth • Current Issues of Debate • Should “Alcohol Pops” be taxed as beer or hard spirits • Where should any increase in a tax go – general revenue fund or dedicated to AOTD programs

40. Environmental Strategies: Alcohol • Legal Selling Age • Raise the age of servers/sellers of alcoholic beverages • Supervision • Entry Age • Prohibit access to certain locations by anyone under the age of twenty-one • Warrensburg, MO - Bars • OK – Package Liquor Stores

41. Environmental Strategies: Alcohol • Regulate Size/Sale of Containers • City of St. Louis bans the sale of cold 40 ounce glass bottles • Warning Labels • Alcohol Content, Risks • Limit/Ban Happy Hour/Drink Special Restrictions • Research shows that inexpensive drink prices lead to greater consumption

42. Environmental Strategies: Alcohol • Effective Media Advocacy • Op-Ed’s, letters to the editor, speaking engagements • Advertising Bans • Near Schools/Youth friendly venues • In magazines/TV/Billboards • Counter Advertising

43. Environmental Strategies: Alcohol • Outlet density – relationship to crime & underage drinking • Limit the number & location of outlets • Lots of research exists to support this strategy • Ban on use in public places • Require permits in parks & public spaces • Hours of sale

44. Environmental Strategies: Alcohol • Server Education Programs • Research indicates that they are most effective when coupled with strong enforcement • Should be trained on their legal responsibilities when it come to dispensing alcoholic beverages • Should contain false identification component • Social Host Laws

45. What is Social Host Liability? • Social Host liability refers to laws that hold individuals responsible for underage drinking events on property they own, lease, or otherwise control. • This is different from laws that prohibit furnishing alcohol to youth under 21. • Social host laws focus on preventing underage drinking on private property with out regard to who furnishes the alcohol

46. Dram Shop Laws • Social Host Laws are distinguished from Dram Shop Laws. • Dram Shop Laws apply to commercial vendors such as bars, restaurants and package liquor stores. • Generally speaking if the vendor knew or should have known that the customer was intoxicated the business can be held liable for damages.

47. Problems with Dram Shop Laws • The Standard of Proof is difficult • Generally speaking most states language requires that the patron be shown to have been visibly intoxicated at the time the vendor served them. • Missouri’s Dram Shop Law requires proof that the party demonstrates “significantly uncoordinated physical action or significant physical dysfunction.”

48. Recent Court Cases • Deerfield, IL-Hutsell Case(2007) – Parents were charged criminally (Mr. Hutsell was sentenced to two weeks in jail) and have been sued civilly. • George Baldwin IV v Lauralee Pfeifer IL Case 2.5 million settlement (Feb 2009). • Aramark/Giants Stadium – Dram Shop Lawsuit – Jury originally awarded a combined judgment of $135 Million, it was later overturned on appeal. Case was finally settled out of court for an undisclosed amount.(1.8 million from other defendants).

49. The Traditional Approach • Most, if not all states have some form of law that criminalizes the sale or supply of intoxicating liquor to minors. • These laws are most frequently applied in commercial settings (i.e. Bars, Restaurants and package liquor stores). • These laws can be applied in social settings, but one must prove who actually provided the alcoholic beverage to the youth. Usually referred to as a furnishing or supply charge.

50. Problems with the Traditional Approach • Given the locations of many underage drinking events (homes, hotels, fields, fraternity/sorority houses), as well as, the standard of proof it is often difficult for law enforcement and prosecutors to definitively establish who furnished the alcoholic beverages thus making it difficult to successfully prosecute anyone.