Psst! Who invited the cops?!

Whether you like it or not, the County Board of Supervisors, in faithful service to their curmudgeon constituency, has invited the cops to your next social gathering.  I first wrote in opposition to the very controversial "Social Host Ordinance" (SHO) in June of 2008.  In spite of the fact that the clear majority of Isla Vistans oppose this ordinance (and maybe that's because it's widely believed that Isla Vista is the only place where the SHO will be enforced with any regularity), it was enacted into law on December 1.  As I stated previously, the police in Isla Vista and elsewhere are not without tools to suppress underage drinking.  They have numerous statutes at their disposal that enable them to detain people that are in public (or in some cases in the public view) and, at the very least, can seize and pour out the drink with impunity.  Most don't stop there, however.  The Isla Vista Foot Patrol issues thousands of tickets per year for minor in possession, open container in public, and related law violations.  Those under 21 are booked into jail for public intoxication at the drop of a hat.  And let's not forget that they were already barging uninvited into apartments and houses in Isla Vista long before the SHO was first proposed.  Accounts of frequent and deliberate Fourth Amendment violations by the Isla Vista Foot Patrol are common.

The truth is cops barge in to private spaces because they can get away with it, with or without a SHO.  Any true accountability for doing so when the sum total of damages are usually hurt feelings and the replacement value of a beer is and was non-existent.  The big difference now is that they will, under color of the SHO, have an easier time holding those accountable who are furnishing alcohol to those under 21 in smaller gatherings.  There was never really any difficulty holding the big party throwers (i.e., hosting 10 or more people) accountable for serving alcohol to minors because the cops could either walk through an open door and/or demand to speak to the host in order to enforce a noise violation and the exception to the warrant requirement would sprout up during that encounter.  Now what they are able to do, under color of the SHO, is to enter any apartment where there is any noise or other evidence noticeable from the outside that suggests there is a "social gathering" going on inside.   That's pretty broad (read "overbroad").  It doesn't have to be a raging party.  Two people sharing one beer is a party.  They could both be 21 or older but the cops are still, under color of the SHO, allowed to barge in to sniff drinks and check ID's and whatever contraband they see in plain view is fair game.  A typical reaction of acceptance of the Government over-reaching might be:  'well, even the cops understand that underage beer consumption and college are synonymous and that they will, therefore, use good judgment on deciding when to enforce this law'.  I'm sure most cops will.  However, what this law does is enable cops with poor judgment to rampantly intrude into peoples' private spaces in ways that will deter even legal conduct.  Giving that much 'unbridled' discretion to a rank and file patrol officer is disfavored by the California Supreme Court and may not otherwise withstand Constitutional scrutiny.  For example, according to the holding of the California Appellate Court in People v. Hua, police officers may not enter a dwelling absent a warrant simply because they believe that a non-jailable criminal offense is taking place inside. 

I hereby invite anyone who has a case involving the enforcement of the SHO to contact me and I will consider handling the matter pro bono.

Be heard, Isla Vistans!

Don't wait until you're in jail to complain about the proposed Social Host Ordinance.

Here's an email in circulation that I will do my part to publicize because I agree with it wholeheartedly:

Help Protect Residents of IV TODAY!

Ask SB County Supervisors to Vote NO on the proposed Social Host Ordinance (i.e. Law)


WHAT: Board of Supervisors Hearing re: proposed Social Host Ordinance
WHEN: Tuesday, April 21, 2009; if you can’t attend, send them an email NOW! (talking points and email addresses below)
WHERE: Board of Supervisors Hearing Room (105 E. Anapamu Street, 4th Floor)
Background:
1. The ordinance is meant to address underage drinking. It would apply county-wide, including in Isla Vista (which already has a similar, but less intrusive, ordinance).
2. Any time at least 5 people are together, and at least 2 are under 21, the gathering can be subject to the ordinance.
3. If a minor at one of these gatherings has alcohol, regardless of whether the host of the event knows or should know the minor has alcohol, the ordinance is violated.
4. When there is a violation, law enforcement can disperse the gathering, and fine anyone who lives at the residence or is responsible for the gathering.
5. Multiple offenders can be held responsible for the cost of law enforcement response, up to $500.
6. A person is a repeat offender, and therefore subject to increased fines, if the ordinance was violated at the same property within 12 months, regardless of whether the violation was from previous tenants or property owners.

WHAT YOU CAN DO:
1. Call and email your Supervisors

2. Pass this email on to as many residents of Santa Barbara County (which includes IV) as you can

3. Attend the 4/21 Board hearing. Call 568-2240 on or after 4/15 to confirm exact time
Urge the Supervisors to:

Vote No on the Proposed Social Host Ordinance

Talking Points:

· The ordinance is a bad idea because it gives law enforcement too much power to unfairly target students who are behaving in a responsible manner.

· Also, because the ordinance allows for holding hosts responsible for law enforcement response costs, people will be discouraged from contacting law enforcement or paramedics when serious incidents occur at parties or other gatherings where alcohol is present.

· Finally, because the County already has sufficient means to dissuade underage drinking through laws already on the books, the ordinance is unnecessary.

1st District: Salud CarbajalPhone: (805) 568-2186E-mail: SupervisorCarbajal@sbcbos1.org
2nd District: Janet Wolf, Vice Chair Phone: (805) 568-2191E-mail: jwolf@sbcbos2.org
3rd District: Doreen FarrPhone: (805) 568-2192 E-mail: dfarr@countyofsb.org
4th District: Joni Gray Lompoc: (805) 737-7700E-mail: jgray@co.santa-barbara.ca.us
5th District: Joseph Centeno, Chair Santa Maria: (805) 346-8400 E-mail: jcenteno@co.santa-barbara.ca.us

Social Host Ordinance

Santa Barbara County is moving forward with an ordinance designed to "crackdown" and "get tough" on underage drinking and binge drinking. Of course the neo-prohibitionists among us see nothing wrong with giving the police more tools to attack the problem; and, indeed, there is little if any social utility produced by people under 18 getting trashed. However, I can't recall ever hearing a police officer say, "you know, I'm just powerless to stop underage drinking". Having been in the the thick of court cases surrounding this topic for many years, I can tell you that the Fourth Amendment plays a minimal role in deterring overly aggressive conduct of law enforcement agents. In Isla Vista, for example, there are many instances of police entering parties where they were not invited, and making arrests, issuing cites, seizing kegs, dumping out bottles of booze, and sending the invited guests on their way. It is plain that social ordinances are desired because they would allow police officers to enter any dwelling where a party is taking place where they reasonably suspect a minor is present without a warrant.