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Missouri Fraternity Adviser Quits, Cites New Law on Drinking

Posted on: Friday, 5 August 2005, 21:00 CDT

Aug. 4--A local fraternity adviser has resigned, citing fears that a new state law could subject him to criminal charges for underage drinking during fraternity functions.

Michael Lawler, 72, has served for the last four years as adviser to the Sigma Alpha Epsilon Fraternity chapter at the University of Missouri-Columbia.

He said he regularly signed his name as approving of alumni barbecues at the fraternity house at 24 Stewart Road. Normally, fraternity houses are alcohol dry, Lawler said, but drinking was allowed at such alumni functions.

While those younger than 21 are not to partake, Lawler said it's common knowledge that most fraternity members do, regardless of their age.

"As chapter adviser, I have advised them of the dangers of drinking too much; however, I am not over there at midnight to stop a chug-a-lug contest," Lawler said. "I have told them that their parents sent them to college to make a name for themselves, not to get their name on the police blotter."

The law, signed last month by Gov. Matt Blunt and effective Aug. 28, makes it a misdemeanor crime for a property owner or, as Lawler interprets it, a person responsible for a property to allow parties catering to underage drinkers. An exemption is made for parents and guardians who allow their children to drink on their property.

Columbia police Officer Tim Thomason said he is drafting an enforcement protocol now.

Thomason said the alcohol law is similar to a drug law that allows civil action to be taken against a landlord who knowingly allows drug activity to continue at a property. In such cases, owners are usually given a written warning for first offenses.

Thomason said the new alcohol law likely would be enforced with warnings on first offenses, unless proof exists of a person having knowledge in advance that minors would be drinking alcohol.

Kim Dude, director of MU's Wellness Resource Center, said Lawler's concerns are well founded, and she is organizing a meeting with all MU fraternity advisers.

"There is a possibility this law could affect them," Dude said. "The reality is that when people are consuming alcohol and they are under 21, that is illegal and has always been illegal. The law just expands the responsibility to the people owning the house."

The same bill has a provision allowing police to arrest people younger than 21 as minors in possession of alcohol if they are under the influence of alcohol. Previously, the possession law required the officer to see the minor with alcohol to make an arrest.

"If you're under 21, your body can be your container," Dude said.

Donell Young, MU coordinator of the Office of Judicial Services, said if a student is arrested, it's a violation of the campus code of conduct. The student would be required to attend campus-sponsored alcohol abuse education programs.

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Source: Columbia Daily Tribune

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