With support from the OJJDP Enforcing the Underage Drinking Laws Initiative, community organizations, enforcement agencies, youth, and other concerned citizens are working collaboratively to change local ordinances and enforcement practices.
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Compliance Checks in Nevada: Enforcement through |
In response to a recent court decision, law enforcement agencies across Nevada are using local ordinances to enforce underage drinking laws. These ordinances ensure that the penalties imposed during compliance checks will stick.
The Las Vegas Metropolitan Police Department (LVMPD) in Nevada, with its unique commitment to the Enforcing Underage Drinking Laws (EUDL) program, has dedicated an officer, John Schutt, to work full-time on efforts across the state. Until recently these efforts included compliance checks that were conducted under a state law prohibiting sales of alcohol to minors. However, in Garcia v. District Court, the Nevada Supreme Court decided that the law required the seller to know—or have good reason to suspect—that the purchaser was a minor, even though the seller had no obligation to ask for identification. The decision made it nearly impossible for authorities to cite sellers under the state law, unless they could prove that the seller knew the purchaser was a minor.
Faced with this tough standard from the court, enforcement agencies statewide have turned to local ordinances to conduct checks. These rules can be strict-liability—meaning the seller is accountable regardless of the buyer’s appearance or failure to produce I.D.
Las Vegas provides an example of this shift. When the Garcia ruling was issued, the city had no ordinance on sales to minors, and the decision threatened to halt ongoing compliance checks in the city. Although no longer able to issue fines, officers continued the checks and simply warned stores of violations. Meanwhile, in support of LVMPD, local advocates, including Diane Pidsosny of Stand Tall—Don’t Fall: United Against Underage Drinking (funded by OJJDP), pushed for an ordinance that would prohibit sales to minors. They found support from Councilman Gary Reese, who introduced an ordinance that would close the Garcia loophole. Cooperation between the City Council and the LVMPD was extremely effective, says Pidsosny, and the ordinance was approved within two months.
Despite the initial setback from the Garcia decision, the situation has raised awareness of underage drinking issues in Nevada. The next step for Silver State advocates is to encourage legislators to fix the law that created the compliance check loophole. Until that happens, Nevada’s law enforcement will continue compliance checks according to local ordinances.
For more information, contact Diane Pidsosny at 702-436-2920 or Officer John Schutt at 702-813-7226.