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Elisa Kelly did not want her teenage son, Ryan, or his friends to endanger their lives by drinking and driving. So she decided to let him have a 16th birthday party at home, where she would supply the beer, confiscate all the car keys and supervise a nightlong sleep-over.
Today she begins a 27-month jail sentence imposed by courts in Virginia – where drinking is banned for people under the age of 21 – for “contributing to the delinquency of minors”.
Although the punishment was reduced from eight years on appeal, it is the harshest anyone can remember locally for such an offence. George Robinson, her former husband and the boy’s stepfather, has been sentenced to the same jail term.
Yesterday, speaking to The Times on her last day of freedom, Kelly said: “I’m getting more and more scared about going to jail. No one got in a car and drove anywhere, no one got hurt. I really don’t think I deserve this.”
The case reflects the strong puritanical impulse of American society, which seeks to restrict gambling, pornography and drinking even though statistics and anecdotal evidence abound that many of the young routinely gorge themselves on all of them.
Pressure groups point out that about 5,000 American teenagers die from alcohol-related causes each year. The Drug-Free Alliance has started a public awareness campaign entitled “Parents who host, lose the most – don’t be a party to teenage drinking”.
Prosecutors had demanded a 90-day sentence for the offence in August, 2002, but County Judge Dwight Johnson, who has since retired, decided to make an example of the couple because a teenage girl from Ryan’s high school had died in an unrelated drink-driving accident a month earlier.
Kelly’s dilemma on that night five years ago is familiar to parents everywhere. “Kids have always tried to drink, probably since the beginning of time. We agreed to let Ryan have a party on condition that everyone gave up their car keys and stayed over for the night,” she said. “I’m very against kids driving after drinking, but they were responsible – most of them were athletes who I knew as a sports coach.”
She spent $340 (£173) on alcohol for the event for 60 teenagers, was present throughout, and did not drink a drop of alcohol herself. But the party, in a remote corner of Virginia near Earlysville, was raided by police who were acting on a telephone tip-off they received at 11pm. The youths were reported to have yelled “Cops!” and scattered into woods.
Police rounded up 16 teenagers, seven of whom were found to have no alcohol in their system, while the other nine were all below the legal limit at which a person is classed as intoxicated.
Since then Kelly, 42, has divorced, and her house has burnt down. She claims to be facing bankruptcy after spending more than $150,000 (£76,000) on legal fees, contesting her sentence all the way to the US Supreme Court on the ground that the police raid violated her constitutional rights against unreasonable searches and seizures.
Her son, apparently wracked by guilt, and, she says, picked on by teachers for his role in the affair, dropped out of school. If she serves her full sentence, she will miss seeing her other son, Brandon, complete his final two years in high school.
Kelly believes that she and her exhusband were treated unfairly because of the political ambitions of James Camblos, the county attorney who prosecuted the case. “He wanted to make an example of us and get some publicity,” she said.
But Mr Camblos, who has made curbing underage drinking a cornerstone of his reelection campaign this year, insists that it was the worst such case that he has dealt with in 15 years.
He said: “The facts were outrageous. Prosecution was absolutely appropriate. Not only were they serving alcohol to 15 and 16-year-olds, they misled parents who called to ask about alcohol, and they tried to get the kids to cover it up after police got there.”
Kelly yesterday was preparing to be driven to jail by her sons, after clearing out her rented apartment. “I’m having a ‘last supper’ tonight. The kids won’t be getting any alcohol, but I think I might have a drink.”
Drive at 15, fight at 17, drink at 21
— Most Americans can drive with a learner’s permit at 15 years and 6 months
— The minimum legal age at which Americans can purchase alcohol or drink it in a public place is 21. This law was passed in 1984 after a campaign by Mothers Against Drunk Driving
— Virginia is one of more than 20 states that forbid adults to serve alcohol to minors other than their own children or to allow under-age drinking in their homes except during religious ceremonies
— In Virginia, you can buy a rifle or shotgun at 18 and a handgun at 21. You can own a rifle or shotgun at any age.
— In Massachusetts and New Hampshire males can marry with the consent of a judge at 14 and females at 12 and 13 respectively. Residents of Mississippi can marry at any age with legal consent
— Americans can join the army at 17 with consent
— Selling cigarettes to anyone under the age of 18 is illegal in most American states
Source: US Government, Virginia State Police
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How can this woman be mistreated when she deliberately dishonors my community and our laws. When she dishonors the parents of the children? Alcohol continues to be excessively misused and has caused much sadness and death in Virginia. Just this week a 22 year old girl was sentenced for killing her two friends while driving drunk. She could have easily killed my mom. Because people excessively continue to disrespect others, I do not view any sentence against this as overreacting. The voice of the Commonwealth of Virginia speaks on my behalf and my community. This is the main point because it serves to send a message. Alcohol can be dangerous, people excessively break laws, people continue to be harmed even die. If you show disregard for life , property and the community, you will be removed from it. This woman actions were excessive, she choose jail not us, and the punishmment fits the crime.
David, Richmond, VA
Punishment must fit the crime in any civilised society, example we no longer cut someones hand off, or transport them, for minor theft. Some comments suggest that what the parents did was acceptable, none the less they did break the state law, even if some, however the punishment handed out did not fit this crime. Only one thing to do for this civilised society to do, admit they got it wrong, release the parents and let them start re-building their lives, and those of their children.
Alan, Aberdeen, Scotland
Interesting as we just did this for our 16 year old in NE England. The BBQ was great as was the live rock band. No complaints about drinking just the Street Wardens complaining about the noise. We invited all the parents. Most chose not too come. All had a great time. The law in England as far as I am aware prohibits sale of alcohol to under 18's but not the consumption. Indeed it is legal for a 14 year old to drink in a pub with a meal.
Even if the law in Virginia prohibits this the way it was applied makes no sense at all. No one gained from this except perhaps the politicians
Ed, Nunthorpe, Middlesbrough, UK
So let's see if I have this straight, junior, who is underage, is gonna go do something illegal anyway, so let's help him "get away" with it because that's what parents do (never mind saying NO and you can't do that, then we wouldn't be "his best friend"). Oh, and let's also, help his friends do the same. I'm sure there were notes and phone calls to all of the friends parents as well being right up front about how these parents were going to help teenagers safely break the law. Did they have any idea if the other kids parents wanted their sons and daughters there drinking underage? Did they know if any kid had a medical condition or was taking any medications that absolutely precluded alcohol? Or did they simply want to be the "cool parents" and live vicariously through the kids? We wonder why young people have little respect for the law or for authority or even for their parents? Of course all it took was for me to see the word athletes and the word coach, and then I understood.
Tim, Worcester, MA
Here's a solution. Lower the drinking age to 15, and raise the driving age to 21.
Wendy, Indianapolis, IN, USA
Illegal drinking. Is that somehow like illegal immigrants. We throw the mom in jail but legalize illegal immigrants. What a crazy nation we live in. Has anyone ever heard of upholding and enforcing the law? Well, I guess it happened with this woman but it won't happen with 12-20 million illegal immigrants or those who hire them.
Melvin D. Sharp, Liberty, PA
To all those who say she acted responsibly, how about the word "no".
No, son, you can't have a keg party for your friends.
No, son, I cannot take that responsibility for everyone elses kid.
There are times whe you have to tell them no.
She claims no one drove afterward. How can she actually enforce and verify that? Have all 60 kids sleep over? Not a chance.
Did ALL of the other parents give the OK? Again, not a chance.
Having said that, actual jail time for this is way too strong a penalty.
PR, Newport News, VA/USA
The parents served alcohol to UNDERAGE MINORS who totaled in number 60. Not only did this violate VA law but also was incredibly niave and stupid on the part of the parents, All it would have taken was for one kid to keep a second set of keys, leave after everyone went to bed, and be involved in an accident for this to have turned out much worse.
I seriously doubt that the prosecutor would ahve worried had the party involved a handful of kids )say 10 or less) but 60 was a number which can not be ignored. The parents were wrong and got nailed for it.
Robert Owen , Conway , South Carolina
These people did very well by what they did. The law they're being tried under IS arcane, ridiculous, picayune, or whatever dirisive form you prefer.
And, "Guess what," that legislative process that's in place is the same process that PRODUCED this oppressive, discriminatory, self-destructive law in the first place and is run by "informed citizens" too ignorant to realize they do more harm than good by keeping their kids ignorant, rather than exposing them in a gradual, mature manner.
It's very much like living in Saudi Arabia, and for the same pseudo-religious reasons. America is poisoned by their outdated, oppressive Puritan laws and social mores. Europe had the wisdom to drive those people out - good for them - but we Americans had the ill fortune of having to inherit them!
This is the foremost reason why I believe "it's for the children" and "it's for your own good" are the most dangerous words ever spoken. Along with "The Bible says so." May the gods help us all.
John O'Sevens, New York, USA
People in the United States seems to take great pleasure when "examples" are made though disproportionate sentences and lives are destroyed by power hungry, ambitions judges and prosecutors. Hopefully these ambitions ones will be the next victims of American "justice".
Joe , Bangor, Maine
This prosecution is evil and wrong and cannot be allowed to stand in a just society.
People of any age have a right to consume alcohol within their own homes. Laws restricting purchase and public consumption are reasonable but they don't need to intrude into the home unless lives are in danger.
Allowing youngsters to drink in moderation with adult supervision is the best way to prevent them from becoming drunks in later life. When alcohol is seen as a special adult privilege teenagers will seek it out and drink to excess, as seen most graphically at any college campus in the US.
Peter, London, Great Britain
It seems to be the case that in restricting and punishing certain forms of decadence with psychosomatic substances such as alcohol, overall, people's health and safety are being jeopardized. With the approach of community activism and just getting to know people reducing dangerous drug/alcohol induced behavior would be a simple matter of being a good neighbor and looking out for one another. Punishing people doesnt seem to work. The hysterics of the mod-driven with hunt has not been fazed out yet. In such a volatile clime people are driven away from one another. However, if people were accepted despite perhaps having an apparent tendency of a debauch, when something became a problem the community would be there to address the problem. Instead the conflict seems to work out to some kind of political ploy driving criminal and legal business.
David, rochester, ny
Yeah, a lot of things don't make sense in US. Add to this the fact that in different states the restrictions on the law are different. In California you can drive fast and crazy without plates and cops will not pull you over - in N. Carolina even slowing down to look at a direction sign is enough to make cops suspect you of something.
Tom, Playa Del Rey, CA/US
Spot-on, Matteo. Where the Federal facists find that the constitution prevents them from forcing their will on everybody, they use money to coerce (bribe) the states and force them to behave the way they wish - just like they use foreign aid, military support, emergency relief, and other funds, to coerce (bribe) other counteries into adopting the federal draconian laws
Bob, Bellevue, WA
As one who spends a great deal of time there, let me tell you, Stephen, it is NOTHING like Saudi Arabia.
John Lynch, Whittington, Shropshire, UK
judges should be punished in some way when they hand down obviously severe and damaging sentences. look at his record. look what other people are doing for far more serious offences. the judge should experience lock down. he is out of touch with reality and feels he is above the law.
jim cody, ventura, CA
I got my learner's permit, in Kansas, at the age of 14.
Carolyn Randall, Los Angeles, California, USA
Kids are going to drink regardless. While I wouldn't suggest encouraging the kids to drink - the reality is that it'll happen if they want it to happen. I much more respect someone chaperoning the event instead of allowing their kids to go off to a park or woods or wherever and jeopardize themselves and others. While the law is the law, it makes no sense - that a 17/18 year old kid can kill someone in the line of duty, but not have a drink.
JA, Philadelphia, PA, USA
This is exactly what my parents and my firends' parents did when I was this age. My mother would say, "I'd rather know where you are than think that you are in some supermarket parking lot with God knows who." And, after all these years, (I'm now 40), I'm still here - not dead or damaged in some drunk driving accident. The New Year's Eve party where they car keys were locked away by our friend's mother was an annual tradition for folk ranging from teens to older adults. Not everyone drank, but no one had to worry about those who did.
hilary, Washington, DC
It might not make sense to non-US citizens, but it is the law of the land, and as such, it needs to be honored. I work with adolescents, and I'm sick of hearing them joke about how their parents help them flaunt the laws by procuring alcohol for them and basically chaperoning their parties. I have nothing against a teen having one drink at home with parental permission - but what about all the other parents who weren't given the option of withholding consent because this parent decided she was above the law? Plus, if these were all "good kids" and athletes, etc., I bet they signed pledges stating they wouldn't use alcohol during the season. If so, these kids clearly broke that contract and should be held accountable. If the law is ridiculous or arcane or picayune, guess what? We have a legislative process in place, by which informed citizens can attempt to change it. I feel sorry for this woman's tribulations, but she brought a lot of it upon herself.
Caroline, Portland, Maine, USA
Sounds a bit like living in Saudi Arabia
Stephen, Nairobi, Kenya
In addition, in N. Carolina, you have dry countys right next to wet countys, so if you want to by alcohol just travel in any direction and within an hour you can bring back a whole trunk full of beer in a county that you can not buy alcohol. This is what comes from freedom, the unconsistant rules of engagement. You can understand why not only non-Americans are confused, so are Americans.
M. Nelson, MANHATTAN,
Laws restricting the consumption/sale of alcohol by age are state, not federal statutes. The 1984 law that the article sites makes federal funds to the states for road maintenance contingent on such restrictions being enacted at the state level.
matteo, pisa,
The parents behaved very responsibly. Law and ass, anyone?
Gerry, exeter, england devon
American eighteen year-olds can enter into legal contracts as well.
You're absolutely right. None of this makes sense at all.
JD, Cottage Grove, WI/USA