Plymouth, N.H.– On September 29 and 30, Plymouth State University and Plymouth Police held an open forum to introduce and help students understand the new “Party Host Law.” The forums were held in the Hartman Union Building Fireplace Lounge, and consisted of a six-member panel ready to explain and answer questions about the new law.
Members of the panel included Dean Tim Keefe, University Police Chief Clark, Plymouth Police Lieutenant Gardner, University Police Lieutenant Comeau, an alcohol and drug counselor, Nancy Dyer, and Mark Fischler, professor of criminal justice.
RSA 644:18, or the “Party Host Law” as it has been dubbed, was signed into law on April 12th by Governor Craig Benson. According to Plymouth Police Lieutenant Gardner, the new law will hold the hosts of house parties accountable for any underage drinking or drug use which may occur in a party setting. If a person is found guilty on this charge the penalty could be up to a $2000 fine and possible jail time.
The most emphasized scenario would be if a student were hosting a party at their apartment and alcohol was going to be served. If there are at least 5 people in attendance who are under the age of 21 and at least one of them is consuming alcohol, this is a punishable offense.
Panel member Mark Fischler, a criminal justice faculty member and former New Hampshire attorney, warned students that if they intend to have a party and knowingly allowed underage drinking to occur, then the students are putting themselves at risk. Fischler went on to comment that if a student makes the conscious choice of allowing underage drinking in their residence than the risk is arrest, “and I don’t think there is any part of the constitution that is going to protect you.”
According to Chief Clark of University Police, the law was originally aimed at parents who threw their children parties for prom, graduation, et cetera. The parents may have had the best of intentions and took away the car keys, but it was “that set of keys that somehow doesn’t get taken [which] ends up in a fatal accident.” Despite the origins of the law it does apply to college campuses across the state of New Hampshire.
The law was not originally supposed to take affect until January 2005. The state legislature, however, thought it was most needed during the high school prom and graduation season. Thus the law took effect almost immediately after it was passed.
Although students are not required to ID guests at the door of their parties, they are cautioned to be aware of the risks involved with open house parties. Within the new law there is an “affirmative defense of prosecution” clause. That is, if a resident gives the police notification of unwanted guests at a party, especially those under 21, “or takes action to terminate an [underage alcohol house party] once underway” than the host/resident will be exempt of prosecution.
Many students who attended the forum expressed concern for this law as well as the, the Internal Possession law, which was enacted last year. The consensus of the panel seemed to be in either case, if someone draws attention to himself or herself then the police must act according to the laws. “At night when we literally see the body heat coming out of the windows and the walls [of a private residence], which we do in some situations, we have a responsibility to have to deal with it,” stated Chief Clark.