El Paso City Council moves forward to develop social host ordinance
With a unanimous vote, the El Paso City Council approved development of a civil social host ordinance. This would make it illegal to provide an environment where underage drinking takes place, regardless of who provides the alcohol. The city’s manager’s office will now research the issue.
“Right now there is a burden of proof on police officers when they go out to these parties,” said Sarah Cortez, program assistant for the Rio Grande Safe Communities Coalition. “It’s kind of hard to say who is providing to who. And so with this kind of ordinance, it would allow police officers to address these kinds of parties.”
City Representatives Michiel Noe and Cortney Niland placed the topic up for discussion on this week’s City Council agenda. The city attorney’s office will now research and draw up a civil social host ordinance.
When police officers arrive at a party where alcohol is being served to minors, it can be difficult to determine who is responsible. With social host liability, the focus is on where the drinking takes place, rather than who provided the alcohol.
“Instead of trying to prove who bought the liquor, just say the person who’s property they are on is responsible,” Noe said. “So if you have a house party at your home and you get caught, your parents are going to be responsible whether they bought you the liquor or not.”
According to Mothers Against Drunk Driving, or MADD, private homes are the most common setting for drinking among high school seniors.
“The most commonly used drug among youth is alcohol,” Cortez said.
Texas ruled in 1993 that social hosts who serve alcohol to intoxicated guests will not be held liable if their guests leave and injure themselves or others.
