The Massachusetts Report Card on Underage Drinking

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1 The Massachusetts Report ard on Underage Drinking Mothers Against Drunk Driving 18 Tremont Street, Suite 703 Boston, MA Phone: MADD/ Fax: (617)

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3 omprehensive Underage Drinking Laws States must close loopholes in laws that support 21 as the minimum drinking age. MA has laws forbidding possession, purchase/attempted purchase, and transportation of alcohol by those under age 21. onsumption is not included in Massachusetts minimum drinking age laws. losing this loophole is the single most powerful step that Massachusetts can take to prevent underage drinking. Enforcement of Underage Drinking Laws ommunities must provide police with the encouragement and the proper tools to enforce underage drinking laws. According to our own recent survey of law enforcement almost half of all police departments (47.3%) did not conduct any compliance checks within the last year with another 16.9% reporting that they rarely conducted such checks. Only 12.1% reported often or a lot when asked if they have conducted compliance checks in the last year. Additionally, almost 70% reported that they did not conduct any compliance/awareness operations where youth are used to ask adults outside of retail establishments to purchase alcohol for them (i.e. shoulder tap surveys). Meanwhile that same survey indicates that the vast majority of police departments consider enforcing minimum drinking age laws to be important or very important compared to other laws they enforce. Laws and Policy Affecting the Drinking Environment D Social host, dram shop, and house party laws and their enforcement could be important to underage drinking prevention. urrently enforcement is very lax, with the occasional charge making front page news. Since the law was amended in 2000, there is still much confusion over the details. Massachusetts has dram shop in case law not in statute. Such suits are relatively few and putting dram shop liability into the statute might further clarify the responsibility and liability of sellers of alcohol to the prevention of underage drinking. House parties where alcohol is sold are illegal, but common. Many such parties are routine at some locations and law enforcement should step in. Such parties are also common on or near college campuses and should be stopped. Alcohol is regulated under the law and all of those regulations should be enforced. Massachusetts lacks a mandatory server training law. Server training programs teach those who sell and serve

4 alcohol how to do so responsibly and legally. Training programs include instruction on how to ask for ID, techniques on spotting fake IDs, recognizing when a patron/customer is intoxicated and should not be served, and the laws and penalties for selling alcohol to minors. All alcohol consumed by those under age 21 is obtained directly or indirectly from adults. Many of those over 21, including some parents, provide alcohol directly to youth. Unless the youth is your own child this is illegal. If 21 were respected as the minimum drinking age, and if adults would require youth to postpone drinking, much of the illicit underage use would end. Opportunities for Prevention It is common to hear people accepting underage drinking as a normal rite of passage to adulthood, and a behavior that cannot be stopped. If earlier generations used the same reasoning the average life span in this country might still be 30 (as it was in 1900). Instead, vaccines were developed for many childhood communicable diseases, sanitation was dramatically improved, and a host of other medical and civic improvements have followed. We can do the same with underage drinking. Preventing underage drinking is everyone s responsibility. Youth should be involved, but prevention is not as simple as giving them information and asking them to make good decisions and mentor their peers. Prevention must be community based, responsive to the knowledge and attitudes of each community, and involve multiple strategies that have their basis in science and best practices. Laws and Policies Affecting Young Drivers B Massachusetts has a graduated driver s license (GDL), called the Junior Operator Law (JOL), updated in A graduated license has three stages: a permit for learning with an adult licensed driver in the vehicle, a license with restrictions up to age 18, and a full license at 18. The restrictions are meant to reduce the risk of crashes by reducing some distractions, by keeping youth off the road during the dangerous late-night driving hours, and by punishing violations with license suspensions. The Massachusetts JOL allows later driving hours, to 12:30 A.M. We think that this deviation from the model which suggests being off the road by 10 P.M., significantly weakens the JOL s effectiveness. While allowing for driving home from work, the 12:30 A.M. time frame also allows unnecessary driving for social reasons and increases the likelihood of driving under the influence of alcohol or other illicit drugs. Other late-night risks include reduced visibility and increased speeding and other risky driving behaviors due to the more open roads and lower levels of traffic enforcement at night. We also know that drivers and passengers at night are less likely to be wearing seat belts. The JOL remains difficult to enforce because driver age is not easily determined before a traffic stop. Therefore, enforcing compliance with JOL is largely a family responsibility, a fact that is often not fully appreciated by parents. While the Registrar of Motor Vehicles is providing parents and Junior Operators with

5 information about the JOL, we think that the state should allocate funds for media messages aimed at parents and guardians of young drivers. Massachusetts has nearly the lowest belt use in the U.S., 67% in 2006, vs. the national average of 81%. This is the result of our secondary enforcement seat belt law and years of misinformation about the belt law that are long on opinion and short on facts. Youth buckle up at even lower rates than adults. Twenty-six states, the District of olumbia and Puerto Rico have primary (standard) enforcement belt laws. Properly belted drivers are better able to retain control to avert crashes and suffer far less serious injuries. Over 2,000 motorists are ejected or partially ejected every year in MA traffic crashes. Seatbelts prevent ejections, keep bodies from injuring each other inside vehicles, and allow airbags to work properly. OVERALL GRADE Recommendations for Improvement: Enactment of a minor in consumption law.(hb 1884, Rep. Frank Hynes) Increase enforcement through a civil citation program rather than a criminal penalty. (HB 1884, Rep. Frank Hynes) ommunities and local law enforcement should conduct regular compliance checks of licensed establishments. Frequent oversight of licensed establishments increases compliance with the law and are the key to deterring alcohol sales to minors. Social Host law needs to be more vigorously enforced. The Massachusetts Legislature should enact a primary seat belt law. (House Bill #3478/Senate Bill # 2065) Massachusetts should enact and enforce law requiring liability insurance for sellers and servers of alcohol. The additional oversight of an insurance company and the potential un-insurability of badly run establishments would benefit public safety and youth. Massachusetts needs more leadership at the state level to prevent underage drinking and a more coordinated effort from the state level down to the community level. Pass SB 1144 to allow for a sales tax on alcohol in off-premises establishments. The funds from the tax would fund prevention and treatment. Mandatory Server training as a condition of employment should be statewide. We suggest that the package store and hospitality trade groups step up to the plate and make such legislation a priority as part of their responsibility as sellers and servers of alcohol. Direct sales to consumers via the internet and home delivery of alcohol by package, convenience and grocery stores should be regulated, if allowed, and those regulations enforced.