Borough residents are justifiably concerned and annoyed by the alcohol culture here in State College. Multiple solutions have been tried, all to no avail, and with no decrease in disturbances, more drastic measures are now being considered by the borough council. With that said, the proposed Nuisance Gathering Ordinance will not be effective in curbing the side-effects of alcohol abuse. Conversely, it will create a fear of the police as well as expose the borough to litigation questioning the constitutionality and enforceability of the measure.
As it is currently written, the host(s) of a gathering of three or more people would be held criminally responsible for the conduct of a visitor after he or she leaves the residence if the visitor commits any of a dozen violations (public drunkenness, urination, open container, etc.). The penalties would range from $300-$600 in addition to up to 30 days in jail as well as payment of police costs. The host does not even need to break the law.
A core principle of criminal law is that the person who commits a crime is the one who is prosecuted. As the ordinance is currently drafted, an innocent person who merely has people over can be held criminally liable (alcohol does not need to be served to be found guilty). This possibility is repugnant and an abomination to the constitutional principles on which this county stands, inhibiting the freedom of people to freely associate. People will lose faith in the police and courts system, as people with little means to contest it will be charged, especially in light of the stiff penalties proscribed by the act.
It is important that students have an active part in the efforts against alcohol abuse. If elected to council, I would ensure that all relevant stakeholders are brought together, with proper remedies coming forth. This reactionary proposal will decrease students' confidence in borough council, with potentially harmful consequences.
Brett Fisher
senior-science, borough council candidate
