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Loophole Hinders Enforcement of R.I. Social Host Law
September 26, 2007

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News Summary

Rhode Island's social-host law, designed to prevent underage drinking parties, has been hobbled by language that limits its application to the host's "residence," thus excluding drinking in backyards or other locations on private property.

East Bay Newspapers reported Sept. 25 that lawmakers are trying to revise the bill to close the loophole. "This is supposed to be about the host who is holding the party and making alcohol available to underage kids," said Rep. Jan Malik, the cosponsor of the original legislation who is also working on the revision. Now, says Malik, "if you hear the police are coming over, you just run into the backyard."

In July, police raided a house party in Barrington where teenagers were drinking in a backyard; the homeowner told police the event was his daughter's 17th birthday party. However, the Rhode Island Attorney General's office issued an advisory opinion that the social-host law could not be applied against homeowner Kelley Stiness because the drinking was not taking place inside his residence.

Malik and cosponsor Walter Felag said that the revisions to the bill "will extend the reach of the law to make adults liable for underage drinking anywhere on their property, not just within the confines of a house."

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