Use of Accommodations for Underage Drinking

[ohioparent]

My question involves criminal law for the state of: Ohio

Our daughter invited approximately 12 friends over to our backyard for bonfire/snacks after their graduation ceremony. I helped set up soft drinks, music, bonfire and went inside the house to get freshened up around 10 pm after a long day of graduation related activities. Within 20 minutes after I went inside the house, I noticed a lot of cars on our street and a couple of police cars. There were 50-60 kids some already in our back yard, others heading that way following the music and social media messages. My daughter and her friends indicated that some walked in with open beer containers, others had beer containers in their back pack. None of these kids were invited or knew my daughter. A complete commotion followed as everyone started to run as they saw the police car.
Police did not detain anyone that was drinking/trespassing; however they mistreated/insulted/abused those that were actually invited and were sitting around the fire place peacefully. The police gathered approximately 40-50 soft drink cans, placed 5-6 beer cans that they found on top, took pictures so it would look like the entire garbage can was full of beer cans. One of my daughter's friend stepped aside from all the commotion to call her dad, the police officer called her "stupid, you should have run faster" and then proceeded with twisting both of her arms behind her back leading her to the police car. Moreover, they threatened other graduates and told them that they will make sure they don't go to college.
Needless to say, they also charged me, my wife and my daughter with "Accommodation".
The facts are that 1) we did not provide alcohol 2) we did not allow drinking 3) we did not invite those that were already drinking around the corner cul-de-sac; who most likely tweeted and invited others to our back yard following loud music. 4) All of this transpired over 20 minute periods as I went inside the house to freshen up. 5) I along with my neighbors found beer cans behind their back yards and cul-de-sac.

This seems like going after a scapegoat instead of addressing the real problem "Kids that obviously have access to alcohol, travel with alcohol in their back pack, and drinking on other people's property". The police officers focus also seemed to be misdirected.

How are we as parents any more liable for "Accommodation" when the same kids were drinking in the public area, cul-de-sac and neighboring backyards??? Not to mention they were trespassing to begin with!! A more reasonable approach would have been to question the kids on where they got the alcohol and going after those that sold alcohol to underage kids and actually make an effort to address the real problem.
This is like the 16 year old girl that was kidnapped in Toledo and was being raped by multiple individuals for 3 days and the Toledo police department refusing to help with search citing 72 hours rule per MSNBC; with police charging her dad for breaking and entering when he attempted to free her our of the pimp's house!!! What is our police department coming down to???

[Mr. Knowitall]

This is a charge under O.R.C. 4301.69(C)? Perhaps (D)? It would not appear that your back yard would be "accommodations at a hotel, inn, cabin, campground, or restaurant". Please share the exact charge by citation number and subsection.

If you don't adequately supervise a party on your premises where it is discovered that minors are supplied with and are drinking alcohol, you risk being charged in association with that underage drinking.

Complaining that the police are "trespassing" when they investigate criminal activity on your property, or complaining about entirely irrelevant cases and circumstances, won't help.

[ohioparent]

I sincerely appreciate your time and comments. A couple of correction:
1. The kids were trespassing; over 60 kids came all at once through the woods and neighbouring yards, not our front door. None of these were invited and found our back yard through social media. some came in with open containers and beer in their back backs.
2. The incident occured very fast for us to react.
3. The party was supervised but a large group of kids crashed our back yard within 15-20 minutes while I was inside the house. Police were already there due to traffic congestion by the time I came out to find out what was going on.
4. I realize that if it is your back yard, you are responsible; however I don't see how anyone can prevent 60-100 kids with open containers crashing someone's back yard at the same time. Incidents like these will just increase with greater social media use.

[indybail]

Even if you feel you could not prevent the influx of alcohol consuming kids onto your property, think you still may have a problem.

When things can get out of control at a function you are hosting, I would think it would be in your best interest to be the the one calling the police.

I believe your mistake was ceding your control of the situation when you went inside to "freshen up" and allowing others to initiate intervention of the illegal activities.

[LawResearcherMissy]

Incidents like these will just increase with greater social media use.

No. Sorry, no.

It's incumbent upon you, the parent, to teach your teens to use Social Media safely. That means teaching them to set their Social Media profiles to "Friends Only" (or "Protected", or whatever each service's equivalent is), and inviting guests to your home with personal emails or - *GASP* - handwritten invitations. I am a veteran party host, and have never once had such an issue, because I taught my kids the correct, safe use of Social Media. It's just not that hard.

The police department is not to blame, here. They responded properly to a reported disturbance. As much as you don't want to hear this, it needs to be laid right out there: When hosting a party where minors are present without their parents or guardians, you are 100% responsible for supervising the festivities at all times. That means if you need a break to go have a pee, you'd better have another adult handy to keep an eye on things until you return. Even if you're only going to be inside for five minutes! And if your party is crashed? You call the police that instant.

You'd do well to consult an attorney in your locale immediately.