In this, our second issue of the Minnesota Join Together Coalition newsletter, we begin a regular feature where we will look more closely at a single policy and the impact it has on youth access to alcohol. As more and more organizations are realizing the importance of working on policies as a part of their prevention efforts, the next questions become: What policies will make the biggest difference in our community? What makes the most sense? Will this work? It is imperative that organizations and prevention professionals develop expertise in analyzing policies. It is only by developing this expertise that we can make positive and effective policy advocacy part of our everyday work. Policies that impact our communities are being made all the time. Who better than us understands the real life conditions in our communities? Who better than us to provide input and analysis to the policy making process? Without our input the debate is incomplete.

Adult providers of alcohol

Recent news of the tragic driving death of a 16-year-old St. Paul Harding High School student and his severely injured classmate on New Year's Eve has brought renewed attention on the issue of adults who provide alcohol to youth. It was reported that the youth had been drinking keg beer and hard liquor at a party where a 51-year-old man and his 16-year-old daughter were arrested for allegedly supplying the alcohol. Much of the debate in the media has been about whether or not it is a good idea for adults to attempt to provide "safe" drinking environments for underage drinkers. This misses the point. It is illegal to provide alcohol to anyone under the age of 21. No amount of excuses or "good intentions" can restore this young man's life or the well-being of his friend and passenger. Adults must stop providing alcohol to youth.

It's just too easy for young people to get alcohol. Too many communities are suffering the tragedies resulting from adults who knowingly supply alcohol to young people.

Alcohol use is associated with the leading causes of death and injury among young people. It is also linked to juvenile crime and violent behavior and is a tremendous financial burden to community law enforcement, social services and the juvenile justice system.

We need to hold adults responsible for reducing the illegal supply of alcohol to young people. In order to help reduce this noncommercial supply of alcohol, we need to change state law to allow anyone harmed by an underage drinker to civilly hold that adult supplier accountable for their damages. While it is currently a criminal gross misdemeanor for any person to provide alcohol to anyone under the age of 21, there is no statutory "cause of action" to allow for the recovery of damages through civil action. Commercial suppliers are both criminally and civilly liable for any damage caused by an underage drinker. We feel this should also be true for noncommercial adult providers.

Here is where the issue gets a bit confusing. The issues of civil liability, civil actions, causes of action, common law and statutory law are certainly complex, but are not incomprehensible. There are two types of laws that could allow someone to recover damages, either statutory law or common law. Statutory laws are those that are passed by legislators. Common law is based on historical decisions made by judges and can go back hundreds of years. Furthermore, common law has historically placed the burden for damages on the allegedly intoxicated person, not on the provider. We think in the case of an underage drinker, the adult provider should be the one held accountable. This is why we need a change in statutory law to define a "cause of action."

Currently the alcohol statute simply states that "Nothing in this chapter precludes common law tort claims against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages to a person under the age of 21 years" (MN Stat. 340A.801 Subd. 6). Saying something does not preclude a common law action is far different than saying in statute that the action actually exists.

Creation of this civil liability would provide an important tool for recovery of damages for a person injured by an underage drinker from the adult provider. It can also be a deterrent to adults who would provide alcohol to young people. Reducing youth access to alcohol from social sources hopefully will mean a reduction in the number of preventable tragedies such as was witnessed on New Year's Eve.