Miami University students who use '21 to drink' signs for parties may still be fined $1,000 or sent to prison if found guilty for furnishing alcohol to minors.
Many houses in the Oxford area display signs, often on white computer paper, warning visitors that they "Must be 21 to drink."
But the effectiveness of such signs seems to be minimal in preventing underage drinking and the liability of the residents is still the same as if the signs were never posted.
According to Sgt. Jim Squance of Oxford Police Department (OPD), the signs don't alleviate the responsibility of the homeowners.
"The sign doesn't relieve (residents) of liability," he said. "They can still be prosecuted for furnishing alcohol."
Squance did say, however, that the signs could be used as an affirmative defense in some court cases.
He said that if a Miami University student were sued in a civil trial for furnishing alcohol to minors, the presence of signs could be used as evidence that residents were attempting to do everything in their power to prohibit underage drinking.
If a resident were brought to criminal court, however, Squance said that the evidence would most likely be thrown out and residents would still be responsible.
For example, Squance said that if an underage student had been drinking at a party and was killed in a way that related his or her consumption of alcohol, the signs would not be a defense in the resulting criminal case.
Squance said he advises students to use signs, check guests' identification and put up caution tape if they are having a party. Using all of these precautions collectively, he said, would allow residents to defend themselves in court.
Many students, though, don't see how a piece of paper can keep them from prosecution.
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"I don't think they're effective at all," said Miami sophomore Phil Gaither, Chi Phi fraternity risk manager. "People just try to put them up to cover themselves in case police come by."
According to The Ohio State University's Party Smart Web site, created by the university's Student Wellness Center, the punishments for underage alcohol consumption and furnishing alcohol to minors in the state of Ohio are significant.
According to the site, purchasing, possessing or consuming alcohol prior to your 21st birthday in the state of Ohio is also a first-degree misdemeanor. The maximum penalties associated with this offense are six months imprisonment or a $1,000 fine or both.
The Web site also states that furnishing alcohol to a minor in the state of Ohio is a first-degree misdemeanor with a maximum penalty of six months of imprisonment, a $1,000 fine or both.
According to the Web site, individuals should keep in mind that with a larger party and more people present the owner doesn't know, there is a greater chance residents will be caught and charged with furnishing alcohol to minors.
According to the city's Web site, Oxford takes alcohol violations very seriously, informing residents that police will strictly enforce these laws.
The City of Oxford Police Department warns in its Tips for Living in Oxford brochure, "The appropriate, legal use of alcohol is of great concern to the Oxford community."
According to Mother's Against Drunk Driving (MADD), nearly half of all alcohol consumed by students attending four-year institutions is consumed by students who are underage.
For more information on Ohio laws regarding alcohol, visit OSU's Party Smart Web site at http://partysmart.osu.edu/ohio_laws.asp.
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