Go after the adults who supply the youth
Pub Date: 2/1/2007
By Cole Boehler
All right'; confession time.
As an under-aged youth, I drank alcohol.
So did most of my friends and acquaintances. It was quite common.
Unfortunately, it still is, though from my recent research, it seems to be less common, and getting even less common, than it used to be.
I've complained constructively of course in these pages in the past that the vast majority of law enforcement efforts (money) dedicated to alleviating youth drinking (we can only alleviate, not stop) is spent on catching and convicting retail clerks and bartenders who sell often unknowingly, albeit carelessly alcohol to the under-aged.
I would not complain about that if I believed retailers were the major source of illegal youth alcohol. I don't and research backs me up.
I believe most youth who get alcohol get it from their homes by sneaking it from their parents' supply, or get it from older siblings or family members and friends.
Admittedly, I grew up in a small town where everyone was well known. It was highly unlikely any retailer in town would sell me alcohol when I was under-aged. And I didn't dare grab one of the few beers that may have resided in the refrigerator. My dad had a sixth sense about how much beer was in there and expected it to be there when he wanted one.
We simply asked people we knew who were of-age to purchase it for us. This was not a difficult proposition, especially when our "bootleggers" usually made a sales commission, often a six-pack from a case.
I don't believe we ever approached a stranger to do our dirty work'; we didn't have to. We knew plenty of people who would buy it legally, then turn it over to us.
I think this is still likely the most common way youth get alcohol. But It's a tough thing to stop. Youth who get caught with the goods are not likely to "rat out" their supplier out of a sense of loyalty or honor or for fear of a sound thrashing later.
Bottles of spirits can be traced back to a retailer by the serial numbers on their seals, which could lead to the of-age bootlegger. But to do so would take a lot of police legwork during a time when police departments say they are already underfunded and understaffed, so need to focus most on "major crimes." And with our meth epidemic, there are plenty of those to focus on.
Beer cans are not marked and are largely untraceable, though carelessly retained store receipts could offer some clue.
So, to stop bootleggers, perhaps the heat needs to be turned up on the minors in possession to reveal their suppliers. How about substantially stiffer penalties for MIP, but substantially reduced if the source of the illicit drink is revealed?
How about very stiff penalties for anyone of age who knowingly procures alcohol for the under-aged, including the humiliation by prominent publication in the local press, provided the media cooperates?
How about charging the MIP with theft if they have indeed stolen the hootch from their parents' inventory? Parents, however, would have to press the charge. I would not advocate criminalizing parents who do not keep their liquor under lock and key: remember, they are the victims here, not the perpetrators.
For that matter, any youth who attempts to buy alcohol without showing an ID, showing a valid one, or showing a fake ought to be punished severely for it, whether successful or not. Attempting to break the law in this way actually makes a duped victim out of the bartender or clerk who is put in legal (and occupational) jeopardy when this crime is attempted.
This is about getting those who commit the crime to do the time. It's about personal responsibility, something some youth would benefit by learning more about.
And please, no one talk to me about yanking drivers licenses of those charged with MIP before they have pleaded guilty or are convicted, as they are currently considering in Oregon. Youth drinking is a serious problem, but it is not as serious as throwing out our precious constitutionally protected rights to due process, and kids are citizens, too.
Source: The Montana Tavern Times, Feb., 2007, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.