Query from reader
January 14th, 2010
Hi Hank! Your website is facinating! Question, have you done any studies or ready anything about the conflict between social host immunity laws & hazing laws when involving alcohol? In CA in 2007 they instituted PC 245.6 re anti hazing as well as amending & updating the Education Code re hazing, but CA also has a social host immunity law (B&P 25602 that says a (private) person that provides alcohol to an obviously intoxicated person is guilty of a misdemeanor (i.e., a fine), BUT cannot be civilly liable for injuries to the drinker or a third party for injuries caused by the drinker’s alcohol consumption. This would seem to be in conflict with the hazing laws for purposes of being able to sue a a fraternity brother for being involved in hazing that involved alcohol. Thoughts? Tx. for your input. Nicki S.
Moderator: I am away from email with a few exception suntil Jan. 28 with my class. I have written about the dram shop laws in 1990 and 2001 books, but the writer certainly has an intriguing legal tangle here. Thoughts? Email me at hnuwer@hanknuwer.com and I’ll post on return.
Moderator's note: As moderator, I'll publish all relevant news stories, letters from activists, pro-hazing letters, and opinion pieces. Although hazing in fraternities, high schools, bands, camp, the military and overseas groups is a hot-button issue, civility is expected. If a letter needs editing for grammar or clarity, I'll edit and return for the letter writer's approval if an email address is attached. BIO: Hank Nuwer is the editor of The Hazing Reader (Indiana University Press) and High School Hazing (Grolier/Scholastic). My website is http://hazing.hanknuwer.com.
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