AW
09
THE UNIVERSITY DAILY IANSAN
MONDAY, AUGUST 17. 2009
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23
LAWRENCE
Minor change in city code hits house parties hard
Students who host parties can now be fined if minors are caught drinking there, whether they know the minor or not. The City Commission passed an ordinance June 23 that states any person attending a party is automatically assumed to be an invited guest.
BY DYLAN SANDS
dsands@kansan.com
Jon Goerina/KANSAN
Students planning to host parties may want to channel their inner bouncers. The City Commission passed a new ordinance June 23 that will make it easier to fine party-throwers who serve alcohol to minors.
The new ordinance is an amendment to the city's existing policy on fining people who allow minors to consume alcohol on their property. Before the change, people hosting a party could avoid fines by claiming that a minor caught drinking at their home was not invited. The new ordinance states that any person attending a party is automatically assumed to be an invited guest of the host or property owner.
Mayor Robert Chestnut said the change was made to the city code to "make it have more teeth in it."
"It sounds like a small nuance, but it certainly will hold the property owner to a higher accountability," Chestnut said.
Chestnut said the change was spurred by low conviction rates for party hosts accused of providing alcohol to minors. He said city attorneys met with the Lawrence Police Department to create a solution.
He said police would continue their enforcement of party violations as they had in the past. In most cases in which an officer enters a party, it is because he was called to the scene for a noise complaint. The officer
then checks attendees' IDs and can cite minors and party hosts accordingly.
Chestnut said that police officers on routine patrols could inspect parties without receiving complaints first.
"If they have evidence that they see a party, they have probable cause and can enter," Chestnut said. "But for the most part, it will be complaint-based."
Sergeant Bill Cory of the Lawrence Police Department said officers could inspect house parties without receiving a complaint if they happened upon them while on patrol.
"If they see someone hosting a party and basically running an open saloon, they can check it out," Cory said.
Pantaleon Florez, Topeka senior, said police officers broke up a party at his apartment complex in August of 2008. Florez said he had purchased a keg that minors drank from and he was cited.
"They gave me a ticket for the hosting of minors when people I didn't even know were there," Florez said.
Florez said he received no fine after going to court where he stated he was not aware of minors attending the party.
"I got out of it completely," he said.
Florez said he had mixed feelings about the new ordinance because parties often get out of control and draw in several strangers.
"I think it's kind of ridiculous that someone can get in trouble if people just show up to their party," Florez said. "If they're in your home, it may be because you invited them, but if the party is outside it's harder to control."
According to the ordinance, which can be found on the commission's Web site, party hosts can take steps to avoid fines including checking all attendees IDs and limiting access to
alcohol. The minimum fine for hosting minors who consume alcohol is $1,000. The court may sentence hosts to perform community service by working in an alcohol treatment facility if they are put on probation.
Chestnut said the commission's decision to crack down on underage drinking was partly inspired by the University's similar attempts. The University recently added a provision to its alcohol offense policy that
involves notifying students' parents if they are involved in a drug or alcohol violation on campus.
"With the University becoming more aggressive with their standards, our policies will be commiserate," Chestnut said.
The new ordinance went into effect July 2.
— Edited by Derek Zarda
HOUSING
Proposed change would affect privacy in dorms
BY DYLAN SANDS
dsands@kansan.com
If a room in the residence halls is rocking, the University might do more than come knocking. A proposal at the University might allow staff members to enter students' rooms if they have reasonable suspicion that drugs or alcohol are being consumed.
The University has been re-evaluating its stance on alcohol use on campus in the wake of two student deaths earlier this year. A recently formed alcohol task force met for the first time July 21 to discuss changes in the University's alcohol policies.
The current policy on searching residence halls allows students to deny entry to resident assistants. Supervisors need a search warrant to enter a student's room, even if they suspect drugs or alcohol are being consumed inside. The proposed policy entails a series of steps whereby a supervisor could enter a student's room on suspicion.
Jack Martin, deputy director of communications for the University, outlined the steps. If there is a reasonable suspicion of drug or alcohol use or other violations and a resident refuses to let an RA in, the RA could then find a senior staff member and again ask for permission
to enter the room. If the student refuses entry twice and two housing staff members agree there is reasonable suspicion to enter the room, they can then use a master key to open the door.
Martin said the reasonable suspicion policy could apply toward other residence hall violations, but the focus would be on preventing alcohol abuse.
"There is always potential for other policy violations, but drug and alcohol are the ones that have got most attention," Martin said.
Martin said the policy was not aimed at invading the privacy of hall residents, but rather at protecting residents as a whole regardless of their behavior.
"What this comes down to is that one of the main reasons students choose campus housing is they expect it to be a safe place to study." Martin said. "If we can't enforce rules like the policies on drugs and alcohol then their rights aren't being protected."
Mason Heilman, student body president, said the proposal would be considered by student senate before any decision could be made on the policy. He also said he thought it was important to provide a safe environment for all hall residents.
"The halls are there to provide a living environment that is conducive to being in college and provide areas where you can relax." Heilman said. "I don't have a definite feeling either way; I can see both sides. I would lean more towards this is an invasion of privacy, but it's important to take into account students that aren't in violation."
Heilman said students who live in the halls currently have the same rights as a tenant of an off-campus apartment.
"The issue with that is there is
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