Abstract Introducing the History of the MLDA

Transcription

1 The Ramifications of the Minimum Legal Drinking Age from 1970 to the Present: A Review and Analysis of the Current Literature Brendan Curtis Abstract The goal of this article is to examine the extant literature pertaining to the effectiveness of the policy of the minimum legal drinking age (MLDA) in the United States. The literature represents comprehensive research regarding the issues associated with the MLDA. These issues include underage alcohol consumption, alcohol- involved traffic fatalities, alcohol use on college campuses and law enforcement of the MLDA from 1970 to the present. This paper reviews extensive information that takes into consideration the societal differences in perception of alcohol use, national drinking trends and the fairness of the MLDA. The consequences brought on by the MLDA are widely agreed upon, and the majority of data supports the current MLDA of 21. Despite this unyielding support, a continuing debate has surrounded the policy since Congress implementation of the National Minimum Drinking Act of Existing research argues that the MLDA is unjust and counterproductive. Dissent regarding the policy has endured due to the manner in which the MLDA was instated, the other adulthood privileges granted at the age of 18, improvements in motor vehicle safety and the unsafe underage drinking environments and trends that exist today. This review examines each facet of the argument in relation to the current MLDA, and it concludes that the current MLDA of 21 is the most effective and responsible policy regarding the ever- debated issue. Furthermore, additional observational, cross- sectional and quantitative research is necessary in order to resolve the existing issues within the matter, and to improve the general information, perception and law enforcement of alcohol- related violations. Introducing the History of the MLDA Alcohol has played an influential role in society long before it even reached the United States. From the earliest documentation of alcohol use, it has been referred to as a social activity, and both consumption and behavior have been subject to self- imposed social controls (SIRC). It is clear that the self- imposed social controls derived from Americans drinking habits have proven to be alcohol- imposed and socially uncontrollable. The United States government has responded to Americans drinking trends through many forms of legislation throughout history, the two most radical actions consisting of Prohibition and the National Minimum Drinking Age Act of 1984 (National Youth Rights Association). Alcohol use will never be eliminated from America s culture due to its social, recreational, traditional and economic importance in society. As the Social Issues Research Centre points out, Attempts at prohibition have never been successful except when couched in terms of sacred rules in highly religious cultures. With Prohibition came negative results such as the public s general disapproval, an increase in criminal activity and overall failure and corruption. This led to legislation that required every state to abide by a national MLDA of 21. Due to historical events such as the baby boom generation and the Vietnam War, from 1970 to 1975 almost every state lowered its legal age of adulthood to 18; thirty of these states replaced their existing MLDA of 21 to 18,19 or 20 (Wagenaar and Toomey 206; Wechsler and Nelson 986; NYRA). This experimental change of the MLDA to 18, 19 or 20 stimulated many concerning issues in the United States. The lower MLDA was followed by an increase in alcohol sale, alcohol consumption and alcohol- involved traffic fatalities among adults aging from 18 to 20 (Wagenaar and Toomey 206; Wagenaar and Wolfson 38; Wechsler and Nelson 986). Other issues that followed the lowering of the MLDA occurred due to the different legal restrictions across state lines (Wechsler and Nelson 986). These consequences from the lower MLDA, along with the help of the powerful lobbying organization Mothers Against Drunk Driving, influenced the patchwork of 1

2 legislation necessary to enact the National Minimum Drinking Act of 1984 (Wagenaar and Toomey 206; Wagenaar and Wolfson 38; Wechsler and Nelson 986; NYRA). The National Minimum Drinking Act of 1984 is the underlying cause of the debate of the effectiveness of the policy of the MLDA. The National Youth Rights Association (NYRA) even proposes that the National Minimum Drinking Age Act of 1984 has had the greatest impact on the day- to- day lives of America s youth since it was signed into law. Researchers Alexander C. Wagenaar and Traci L. Toomey call attention to the fact that the MLDA is the most- studied alcohol control policy in the United States and the purpose of this protocol is to reduce alcohol use and its associated problems among youth (206). Despite the consequences from a lower MLDA, the fight to revert the MLDA back to 18 still exists today and it is gaining support. The preponderance of research and evidence indicates an inverse relationship between the MLDA and its associated problems among youth (meaning a lower MLDA creates more problems and a higher MLDA creates less problems), but the literature still reveals the existing dissent of the policy: During the intervening 25 years there have been periodic efforts to lower the minimum legal drinking age, including recent legislation introduced in 7 states, although none of these bills have been enacted (Wechsler and Nelson 986). Researchers today have the ability to compare the results of the outdated and lower MLDA of 18 to the current and higher MLDA of 21. It becomes necessary to ask which policy proved more efficient, responsible and fair to the lives of Americans. If the answer to this argument results in a contrary response to the current MLDA, it becomes further essential to examine how society must change in order to refrain from following America s past footsteps (of an increase in alcohol sale and consumption, alcohol- involved traffic fatalities and other alcohol- related problems) when the MLDA was changed to 18. Revealing the Effects of the MLDA The Aftermath of the MLDA of 18 from During the early 1970s a trend for lowering the MLDA to 18, 19 and 20 began in the United States in response to the baby boom generation and the Vietnam War (Wagenaar and Toomey 206; Wechsler and Nelson 986; NYRA). The baby boom generation directly followed the end of World War II, and as this group approached adolescence it was clear that a lower MLDA would stimulate alcohol sale, and essentially the economy (NYRA). The experimental times of the 1970s also led many states to lower their minimum legal ages of adulthood (along with their MLDA s) in order to increase voting rates regarding controversial issues such as the Vietnam War (Wagenaar and Toomey 206; Wechsler and Nelson 986). Additional research and literature presented the issues regarding the morality of changing the MLDA to 18. It was argued that if a person could fight and die in war, adopt children or fly a commercial airplane at the age of 18, they should be granted the privilege of consuming alcohol (NYRA; Cloud 35). All of these factors contributed to the transition of the MLDA, from 21 to 18, 19 or 20 in nearly every state. The extant literature that examines this natural experiment in the United States reveals the many repercussions of a lower MLDA. The research within this timeframe focuses on issues such as alcohol sale, alcohol consumption, alcohol- involved traffic fatalities and other alcohol- related consequences. Nearly all states lowered their MLDA s in the early 1970s, resulting in an increase in alcohol sale and consumption, an increase in alcohol- involved traffic fatalities and an increase in other alcohol- related problems (Wagenaar and Toomey 213; Wagenaar and Wolfson 38; Wechsler and Nelson ; NYRA; Cloud 37). Additional alcohol- related problems consist of the development of other drug use, future drug use and negative health effects (Wechsler and Toomey 218; Wagenaar and Wolfson 46; Wechsler and Nelson ). Further studies of the effectiveness of the MLDA of 18, 19 or 20 go on to expose additional problems created from the outdated policy. As researchers Wechsler and Nelson point out, this situation created a patchwork of differential legal restrictions across states and contributed to the problem of underage youths in states with a 2

3 minimum legal drinking age of 21 years driving to states with a lower minimum legal drinking age to purchase and consume alcohol (986). The rates at which alcohol sale and consumption, alcohol- involved traffic fatalities and other alcohol- related consequences dramatically increased compels researchers to declare the existence of an inverse relationship between the MLDA and its associated problems among youth (meaning a lower MLDA creates more problems and a higher MLDA creates less problems) (Wagenaar and Toomey 219; Wechsler and Nelson ). Despite the considerable rates at which alcohol- related problems increased, current literature examines further research that contests these rates. The National Youth Rights Association discusses how the research conducted on young adults, from ages 18 to 20 from 1970 to 1984, is subjective research of the baby boom generation. The increased rates of alcohol sale and consumption, alcohol- involved traffic fatalities and other alcohol- related problems, may be in fact distorted by the numbers involved simply, there was a greater population of people among those ages in that time period. This misrepresentation of the rate of alcohol- related problems is similar to calculating a nation s GDP without taking inflation into consideration, and then claiming that the GDP has grown marginally. Another disputable point of the acclaimed ineffective MLDA s of 18,19 or 20 is brought up by researchers Wechsler and Nelson: Some studies have shown that states who later adopted the legal minimum drinking age of 21, compared to states that earlier adopted the legal minimum drinking age of 21, did not show signs of higher alcohol- involved traffic fatalities (988). The dramatic increase in alcohol sale may have been positive for the economy in the 1970s, but it could not outweigh the consequences of an increase in alcohol consumption, alcohol- involved traffic fatalities and other alcohol- related problems among individuals of the ages 18 to 20. Along with these considerable rates, the organization Mothers Against Drunk Driving provided the United States government with the necessary public dissent of the MLDA in order to enact the National Minimum Drinking Act of 1984 (Wagenaar and Toomey 206; Wechsler and Nelson 986; NYRA). The Aftermath of the MLDA of 21 from 1984-Present The debate of the MLDA is one of the most important and sensitive topics in America today. Is it because motor vehicle crashes are the leading cause of death among teenagers, with one third to one half involving alcohol (Wagenaar and Wolfson 37)? Or is it because alcohol consumption is the third leading actual cause of death in the United States, a major contributing factor to unintentional injuries, the leading cause of death for youths and young adults, and accounts for an estimated 75,000 or more total deaths in the United States annually (Wechsler and Nelson 986)? A woman named Candy Lightner had a daughter who became a part of those statistics (NYRA). The National Youth Rights Association s webpage thoroughly discusses how the current MLDA was instated and whom America can credit for the creation of the current MLDA. Candy Lightner s daughter was killed by a drunk driver, and this traumatic event led her to create the organization Mothers Against Drunk Driving. This group is a powerful lobbying organization that claimed a membership of 300,000 in 44 states by 1984 (NYRA). This organization, along with the increased rates of alcohol sale and consumption, alcohol- involved traffic fatalities and other alcohol- related problems, contributed to the enactment of the National Minimum Drinking Act of 1984 (Wagenaar and Toomey 206; Wechsler and Nelson 986; NYRA). The National Minimum Drinking Act of 1984 did not legally mandate that all states must enforce this policy, but it controversially forced all states to abide by in order to receive annual government funding (Wagenaar and Toomey 206; Wechsler and Nelson 986; NYRA). As researchers Henry Wechsler and Toben Nelson put it: In direct response to these concerns, Congress and President Ronald Reagan worked to create a consistent national drinking age. The National Minimum Drinking Age Act became law in 1984, requiring that states prohibit the purchase and public possession of alcohol for 3

4 persons aged younger than 21 years in order to receive all of their federal highway funds. By 1988 all states had a minimum legal drinking age of 21 years. (986) This legislation is the basis of the debate of the MLDA, and it created a current MLDA of 21 for the second time in United States history. Unlike many other controversial issues in the United States, the debate of the existing MLDA has the duality of comparing the effects brought on by a MLDA of 18 to the effects of a MLDA of 21.The preponderance of research suggests that the MLDA of 21 has been the most effective and responsible public policy effort to date (Wagenaar and Toomey 219; Wagenaar and Wolfson 38; Wechsler and Nelson 989; Cloud 37). The passage of a MLDA of 21 has significantly reduced alcohol sale and consumption, alcohol- involved traffic fatalities and other alcohol- related problems (Wagenaar and Toomey ; Wagenaar and Wolfson 38; Wechsler and Nelson 989; Cloud 37). Alexander Wagenaar and Mark Wolfson s assessment of the effectiveness of the MLDA led them to the conclusion that age- 21 laws have produced 10-15% declines in youth drinking and youth crash involvement (38). Other alcohol- related problems have improved since the 1980s in reaction to the current MLDA. The United States has experienced declines in alcohol consumption, heavy drinking and daily alcohol use among young adults aged 18 to 20 years (Wechsler and Nelson ). Data compiled by the National Highway Traffic Safety Administration shows that in 1984, 4,621 young adults aged 16 to 20 years were killed in alcohol- involved accidents. The figure in 2006 was merely 2,121 (Cloud 36). The increase in alcohol- related problems from a MLDA of 18, 19 or 20 compared with the decrease in alcohol- related problems from a MLDA of 21 gives researchers the indication that an inverse relationship exists between the MLDA and its associated problems among youth (Wagenaar and Toomey 219; Wechsler and Nelson ). These studies are countered and disputed by a number of different arguments. Abundant literature conveys the common arguments regarding the morality of the MLDA of 21 and the government s improper justification of the MLDA of 21. Some research contends that the government abused its power by encouraging states to increase their MLDA s to 21 by denying highway funds from states that do not do so. A counterpoint to this argument lies in the fact that the movement to raise the MLDA to 21 began within numerous citizens groups and organizations from the late 1970s and early 1980s (Wagenaar and Toomey 220). The National Youth Rights Association argues that the current MLDA is an ineffective policy due to its lack of introduction and instruction regarding alcohol use. The organization argues: Rather than a gradual introduction to drinking over the period of several years the current attitude towards youth drinking says that a person shouldn t have a drop of alcohol until their 21st birthday, and at that time it is perfectly fine to consume 21 shots of hard liquor. This is like preventing someone from learning to drive and then handing them the keys on their 16th birthday with instructions to have fun. (NYRA) The National Youth Rights Association challenges youth to learn the proper and responsible manner to consume alcohol, as well as to view alcohol as a neutral substance instead of a poison or magical potion. This gradual introduction to alcohol consumption will leave youth with the belief that a lower MLDA will make drinking boring. The National Youth Rights Association presents an additional point of dispute to the current MLDA relative to the government s improper justification of the MLDA of 21. Research reveals that the government long sought any form of a reasonable excuse to establish a national MLDA. The government could not simply create this legislation without some form of public dissent of the existing policy. The Mothers Against Drunk Driving proved to be a powerful organization that served as the government s necessary public dissent of the policy in order to enact the National Minimum Drinking Act of 1984 (Wagenaar and Toomey 206; Wechsler and Nelson 986; NYRA). Literature of the MLDA goes on to show that the government also used a misrepresentation of rates regarding alcohol- related problems to create the national MLDA of 21: 4

5 These statistics, taken from Thomas Senate Vote Analysis, said that 5,000 killed on our highways are teenagers, one fifth of the total, which would mean the total is 25,000. Then look where it says that 60 percent of that number (5,000) had alcohol in their blood, so that s 3,000. Of that number, 43 percent were legally intoxicated..43 * 3,000 = 1,290. So 1,290 drunk teens out of 25,000 total accidents that is 5 percent not 20 percent as they imply. (NYRA) A great deal of literature also argues that European alcohol use is embedded within the culture of Europe, and European alcohol use does not suffer from the same negative effects that the United States does (Wagenaar and Toomey,220; Gefou- Madianou 4; Wechsler and Nelson ; SIRC; NYRA). This information is what researchers would label as an urban legend. European youth appear to experience less alcohol- involved traffic fatalities because European youth drive significantly less frequently than the United States youth (Wagenaar and Toomey 220). Experts in the field of the MLDA Henry Wechsler and Toben Nelson second this point, and they further agree that European alcohol- related problems have experienced similar or higher rates than those of the United States (988). The pair also goes on to say that The European region has the highest overall consumption of alcohol among adults and the highest proportion of alcohol- attributable deaths in the world (988-89). European countries are now looking to the United States for research and experience regarding the age- 21 policy (Wagenaar and Toomey 220; Wechsler and Nelson ). A major organization that disagrees with the current MLDA is the Amethyst Initiative. The Amethyst Initiative is an organization of chancellors and university presidents that argue the current MLDA is not effective and it counterproductively creates unsafe drinking environments and trends for the youth and college students (Wechsler and Nelson ; NYRA). The Amethyst Initiative suggests that the observed decline in alcohol related issues is a result from other factors, such as improvements in motor vehicle safety, and not from the current MLDA (Wechsler and Nelson ; NYRA). Some college presidents doubt the current MLDA and argue that it not only creates unsafe drinking environments (unsupervised house parties and dorms), but also unsafe drinking trends like binge drinking (Wechsler and Nelson 988; NYRA; Cloud 35). These situations directly increase alcohol poisoning death among the youth and college students (Wechsler and Nelson 988). Comparing the Effects of the MLDA to Determine the Most Effective Policy The MLDA is the most- studied alcohol control policy in the United States. Research has also showed that the MLDA has had the greatest impact on the day- to- day lives of the American youth. The extant literature has examined and analyzed the effectiveness of the current MLDA. The preponderance of research suggests that the increase in alcohol consumption, alcohol- involved traffic fatalities and other alcohol- related problems with a lower MLDA compared with the decrease of these issues from a higher MLDA indicates that an inverse relationship exists between the MLDA and its associated problems among youth. This evidence is widely agreed upon, but the dissent of the policy still exists today. As researchers Alexander Wagenaar and Traci Toomey point out: Despite an abundance of research demonstrating the effectiveness of the age- 21 MLDA in reducing youth drinking and alcohol- related problems, three decades after states first began lowering minimum drinking ages, and two decades after states were in the midst of raising their legal drinking ages, a few states are again considering lowering their legal age limits for drinking. (219) Literature that argues against the current MLDA does not refute the increase in alcohol- related problems from a lower MLDA, but it instead urges and challenges Americans to learn how to become introduced to the effects of alcohol and responsibly consume it. Some research shows that current MLDA has not only created 5

6 unsafe underage drinking trends, but it has also forced underage drinking behind closed doors. The National Youth Rights Association argues that a lower MLDA, along with a gradual introduction of alcohol consumption, will eliminate these unsafe drinking trends and environments. Today, America is faced with dealing with a number of important economic, diplomatic and environmental issues. America is not ready to lower the MLDA and witness an increase in alcohol consumption, alcohol- involved traffic fatalities and other alcohol- related problems among youth, yet again. The unsafe drinking trends and environments in existence today must be thoroughly researched in cross- sectional, observational and quantitative forms. Until then, these issues must remain behind their closed doors. Works Cited Cloud, John. Should the Drinking Age Be Lowered? Time 6 June Print. Gefou- Madianou, Dimitra. Alcohol, Gender and Culture. Routledge, Chapman and Hall Inc., Google Scholar. Web. 10 Mar National Youth Rights Association. National Youth Rights Association. NYRA, Web. 14 Mar Social and Cultural Aspects of Drinking. SIRC. SIRC, n.d. Web. 13 Mar Wagenaar, Alexander C., and Mark Wolfson. Enforcement of the Legal Minimum Drinking Age in the United States. Journal of Public Health Policy, Vol. 15, No. 1 (1994): Google Scholar. Web. 11 Mar Wagenaar, Alexander C., and Traci L. Toomey. Effects of Minimum Drinking Age Laws: Review and Analysis of the Literature from 1960 to Journal of Studies on Alcohol, Supp. 14 (2002): Google Scholar. Web. 11 Mar Wechsler, Henry and Toben F. Nelson. Will Increasing Alcohol Availability By Lowering the Minimum Legal Drinking Age Decrease Drinking and Related Consequences Among Youths? American Journal of Public Health, Vol. 100 (2010): Academic Search Premier. Web. Mar