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Proposed law targets party hosts

by NICHOLAS LEDDEN/Daily Inter Lake
| April 6, 2008 1:00 AM

Representatives from several area law enforcement and government agencies met Wednesday to discuss a proposed Flathead County ordinance to target individuals who host underage drinking parties.

The proposed ordinance would make a person liable for civil fines for hosting or being in control of a party or place where underage drinkers are present.

"It sends a clear message to the community and to the people who continue to have these parties that [underage drinking] is unacceptable," said Flathead County Alcohol Enforcement Team coordinator Det. Travis Bruyer.

It already is illegal in Montana for people under 21 to possess or consume alcohol or for adults to provide minors with alcohol, but an ordinance that holds a person responsible for allowing underage drinking to occur on private property would help fight underage drinking where it most frequently occurs, Bruyer said.

"It's really the venue that's the problem," he said.

The ordinance needs approval from the state Legislature before it can be adopted by Flathead or any other county. Sen. Greg D. Barkus, R-Kalispell, already has agreed to introduce the measure, Bruyer said.

States across the country are stepping up their efforts to enforce underage drinking laws, Bruyer said.

Since 2005, more than 3,800 Flathead County minors have been arrested for possession of alcohol, more than 400 adults have been arrested for providing alcohol, and more than 25 minors have been treated for alcohol poisoning.

A no-host ordinance might have helped prevent the death of 16-year-old Rocky Allen Plawman, who overdosed from a combination of alcohol and prescription drugs at a November 2007 party in Happy Valley. The gathering was hosted by a 38-year-old man.

Prosecutors later determined there was insufficient evidence to support criminal charges against the man.

The language of the ordinance still requires some tweaking, officials said.

The words "party" and "premises" would have to be strictly defined to prevent the ordinance's misapplication, such as the case of an out-of-town parent being held responsible for a gathering they didn't know about or a group of just a few people being considered a party.

"We should have something like this," said Columbia Falls Police Chief Dave Perry. "The key is determining what is a party."

Kalispell and Columbia Falls already have disorderly house ordinances that allow them to prosecute people hosting parties attended by underage drinkers. Missoula also is in the process of adopting a specific no-host ordinance.

The meeting was attended by representatives from the Flathead County Sheriff's Office, Lake County Sheriff's Office, Flathead County commissioners, Montana Highway Patrol, Flathead County Attorney's Office, U.S. Forest Service, Montana Board of Crime Control, Kalispell Police Department and Columbia Falls Police Department.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com