Is this legal? (school announcement)

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  • ShinyGuy
    Elves like shiny
    • May 2001
    • 226

    #16
    IANAL and neither am I familier with Maine law but in most states drinking while underage is not a crime. Suplying alcohol to a minor is a crime. Public drunkenness is a crime. Possention of alcohol in public by a minor is a crime. Failing to prevent a crime is not a crime (with a few exceptions). And giving an impared friend a ride home is a noble thing to do.

    That said, if you go to a private school they can do pretty much whatever they want. Unless they discriminate bassed on race, religeon, gender, etc. they can kick whomever they want to out of anything. Your best bet is to explain to your parents (or whoever is paying for your education) why this policy is a bad idea and have them take it up with the school. Most private schools listen to the people that pay them a lot more than they listen to the students.

    If it's a public school you can add sexuality to the list of things they're not allowed to discriminate against, but you have less recource. If you're under 18 you are not a person in the eyes of the law and have almost no rights. It sucks but thats the way it is.

    Fight the policy. Organize a petition. Get organized debates and convince the administration that this is a bad thing. But that's about all you can do. Good luck.

    Comment

    • dio91
      Boomshakalaka Boom
      • Dec 2001
      • 386

      #17
      Three Words:

      GUILT BY ASSOCIATION

      Simple enough, right? I see what your saying, I would probably feel the same way, not hanging out with friends because they are doing that stuff and your not. But would you rather have a good night with some friends and ruin your chances with sports? Don't forget, something liek that gets rmemeber, and people spread the word, you're screwed. So I guess hang out with your friends and none of you drink or smoke, or find new friends.

      dio

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      • Sinnet
        Sin Wang
        • Jun 2002
        • 567

        #18
        shinyguy- i'm 99% sure you're right, shinyguy, and the only thing maine law prohibits is supplying, buying, and transporting alcohol (and public drunkenness)

        and it's a public school

        I'm thinking about how i'd word a petition right now- this administration wouldn't be up for any debates on the subject, and thanks for the ideas

        dio-
        the only thing about the "a night with friends vs. school activities" is that it's every weekend night. This being a town in Maine, social life (this sounds weird) resolves around stuff like that.

        Comment

        • shartley
          paintball player
          • Mar 2001
          • 9169

          #19
          Originally posted by ShinyGuy
          IANAL and neither am I familier with Maine law but in most states drinking while underage is not a crime. Suplying alcohol to a minor is a crime. Public drunkenness is a crime. Possention of alcohol in public by a minor is a crime. Failing to prevent a crime is not a crime (with a few exceptions). And giving an impared friend a ride home is a noble thing to do.
          Originally posted by ShinyGuy
          That said, if you go to a private school they can do pretty much whatever they want. Unless they discriminate bassed on race, religeon, gender, etc. they can kick whomever they want to out of anything. Your best bet is to explain to your parents (or whoever is paying for your education) why this policy is a bad idea and have them take it up with the school. Most private schools listen to the people that pay them a lot more than they listen to the students.

          If it's a public school you can add sexuality to the list of things they're not allowed to discriminate against, but you have less recource. If you're under 18 you are not a person in the eyes of the law and have almost no rights. It sucks but thats the way it is.
          Originally posted by ShinyGuy
          Fight the policy. Organize a petition. Get organized debates and convince the administration that this is a bad thing. But that's about all you can do. Good luck.

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          • shartley
            paintball player
            • Mar 2001
            • 9169

            #20
            Illegal Possession

            It is a civil violation for any person under the age of 21 to possess liquor or imitation liquor except if it is within the scope of their employment or in their home in the presence of their parent. Fines for illegal possession are as follows:

            1st Offense: $100.00 to $300.00
            2nd Offense: $200.00 to $500.00
            3rd or Subsequent Offenses: $500.00

            Youths 17 years or younger are charged with juvenile crime of illegal possession.

            Illegal Transportation Of Liquor

            No person under the age of 21 shall transport alcoholic beverages in a motor vehicle except in the scope of their employment or at the request of their parent. The penalties for illegal transportation are:

            1st Offense: 30 Day license suspension and a fine no more than $500.00
            2nd Offense: 90 Day license suspension and a fine not less than $200.00
            3rd Offense: One year license suspension and a fine no less than $400.00

            Furnishing Liquor to a Minor

            Any person who furnishes liquor to a minor, or allows a minor under that person's control, or in any place under that person's
            control, to possess or consume liquor, may be fined $2,000.00 and/or sentenced up to one year in jail. If the minor is less than
            14 years of age, or the violation is a second offense within six years, the fine shall not be less than $500.00. For any third or subsequent offense within six years, the minimum penalty is $1,000.00 fine and up to six months in jail.

            Furnishing Imitation Liquor to a Minor

            Any person who furnishes imitation liquor to a minor, or allows a minor under that person's control to possess, or consume imitation liquor, may be fined up to $500.00 and/or sentenced to six months in jail

            Maine Liquor Liability Act

            The Maine Liquor Liability Act was established to form a legal basis for obtaining compensation for damages as a result of
            intoxication and related incidents. A non-licensed, social host (a person who does not hold a Maine Liquor License) can be sued for negligent or reckless conduct.

            By definition, negligent conduct is the serving of liquor to a minor or intoxicated person, if the defendant knows or a reasonable and prudent person being served is a minor or is visibly intoxicated.

            Reckless Conduct is the intentional serving of liquor to a person when the server knows the person being served is a minor, or visibly intoxicated, and the defendant consciously disregards an obvious and substantial risk that serving liquor to that person
            will cause physical harm to the drinker or to others.

            Financial Implications

            Damages may be awarded for property damage, bodily injury, or death caused by the consumption of liquor served by the defendant. The limit on awards is $250,000.00 plus medical expenses.

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            • Sinnet
              Sin Wang
              • Jun 2002
              • 567

              #21
              shartley, i'm impressed

              thanks for finding that, good stuff to know, although I know personally that when cops in my town find a party where kids are drinking, all they do is tell people to go home.

              Comment

              • shartley
                paintball player
                • Mar 2001
                • 9169

                #22
                Originally posted by Sinnet
                shartley, i'm impressed

                thanks for finding that, good stuff to know, although I know personally that when cops in my town find a party where kids are drinking, all they do is tell people to go home.

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                its more like a paper cut that has primadonna's yelling murder... - Glickman

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                • 1stdeadeye
                  Still around????
                  • Jun 2002
                  • 8501

                  #23
                  2 quick things!

                  Originally posted by shartley

                  Furnishing Imitation Liquor to a Minor

                  Any person who furnishes imitation liquor to a minor, or allows a minor under that person's control to possess, or consume imitation liquor, may be fined up to $500.00 and/or sentenced to six months in jail

                  .
                  2 things: What is Imitation liquor? A Virgin Bloody Mary?

                  As a minor realize that you do not have the same rights as an adult for many different reasons. I must take issue with the level of maturity being shown if you feel that being an Accessory to a criminal act is nobel. It is illegal for a minor to drink!! Therefore your principle should be commended for taking this stand as unpopular as this may be with the students. I bet you there are not many parents who will protest this and as they are the ones who foot the bill for your schoolong, they are the ones that your principle must keep happy, NOT YOU!

                  Last spring, a Camden County high school had an issue with a number of students getting caught at a party where booze was served. Amoung them were the class valedictorian (you think if any one would know better it would have been him). As a result, over 15 kids were not allowed to attend graduation. The New validictorian was actually ranked 4th in her class, but numbers 2 and 3 were just as dim as number 1. Guess what, the only people who complained where the parents of those kids and they were beat down and humiliated at the meeting they protested at by the rest of the senior class parents that attended.

                  Grow up, wait for 21 then you can become a noble designated driver. If you must drink before then, join the army! They let you drink on base at 18!

                  Comment

                  • shartley
                    paintball player
                    • Mar 2001
                    • 9169

                    #24
                    Re: 2 quick things!

                    Originally posted by 1stdeadeye
                    2 things: What is Imitation liquor? A Virgin Bloody Mary?

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                    its more like a paper cut that has primadonna's yelling murder... - Glickman

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                    • yeahthatsme
                      aka yeahthatswang
                      • Sep 2002
                      • 2592

                      #25
                      i commend your principle for what he did. this is already in effect in my area.


                      shartleys right, its not hard to avoid situations that will include breaking the law. if you know a party will have alcohol dont go and dont volunteer to be a designated driver, you are only giving people the chance to get you in trouble. its not hard, just do it.
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                      • RetroEclipseMan
                        AO's Future Game Artist
                        • Jun 2002
                        • 1386

                        #26
                        Re: Re: 2 quick things!

                        Originally posted by shartley
                        Wow!! I didn't know that was a law. It must be different in Washington because I've gotton non alcoholic margeritas(sp) and danqueries many times in restaraunts, and no my parents were not there either. weird.
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                        • Wheelman
                          Wickad Pissah!
                          • Oct 2001
                          • 1672

                          #27
                          Originally posted by shartley

                          You beat me too it. Maine is pretty backwards as far as enforcment goes, and the youth of this state in general are pretty stupid (I know I'm gonna get flammed for that one, but remember, I used to be a Maine youth, and I get to see first hand every day the results pumped through our prison system) Most of the problems that we have are usually due to a lack of good common sense. Kids around here (and I've seen it other areas) a lot of them don't have the best home life (either parent don't care, or thier drunk or in prison) so they aren't given the best life examples. I do feel bad for these kids, but then you have the other end of the spectrum. The kids who had the good homelife, nuturing parents, and good examples who just rebel. Whether it be peer pressure or just not caring what happens. Maine's drug problem is very high as well and that doesn't help it any either. Don't get me wrong, for the bad, there are always the good that emerge, I'm not going to turn this into a sob story about my homelife I will say a lot can be acomplished with common sense. So basically listen to what the grownups (for lack of a better word) say, chances are they have been there before and speak from experience. They know what they're talking about.


                          FYI In February of this year, we opened a brand new state of the art (which translates into:nothing works right) 1000 bed prison to update our overcrowded 200 year old 460 bed facility. It is now December and we are almost at capacity. Most of this comes from repeat offenders getting stiffer sentences (mostly assault and drugs) and I want to say 80% of them are between 18-25. And most of them are punks that remind me of the kids I grew up with.

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                          • Automaggin2
                            Registered User
                            • Sep 2002
                            • 2506

                            #28
                            Re: 2 quick things!

                            Originally posted by 1stdeadeye


                            2 things: What is Imitation liquor? A Virgin Bloody Mary?

                            As a minor realize that you do not have the same rights as an adult for many different reasons. I must take issue with the level of maturity being shown if you feel that being an Accessory to a criminal act is nobel. It is illegal for a minor to drink!! Therefore your principle should be commended for taking this stand as unpopular as this may be with the students. I bet you there are not many parents who will protest this and as they are the ones who foot the bill for your schoolong, they are the ones that your principle must keep happy, NOT YOU!

                            Last spring, a Camden County high school had an issue with a number of students getting caught at a party where booze was served. Amoung them were the class valedictorian (you think if any one would know better it would have been him). As a result, over 15 kids were not allowed to attend graduation. The New validictorian was actually ranked 4th in her class, but numbers 2 and 3 were just as dim as number 1. Guess what, the only people who complained where the parents of those kids and they were beat down and humiliated at the meeting they protested at by the rest of the senior class parents that attended.

                            Grow up, wait for 21 then you can become a noble designated driver. If you must drink before then, join the army! They let you drink on base at 18!
                            Hey, im from Burlington County, right next to camden count, i go to Lenape High School. A few years ago the girls soccer team got caught drinking OUT OF SCHOOL, and the whole falculty found out about it. Nothing was done about it. They just got a prep talk. I dont think the school should get involved with a kids life out of school, i think its wrong.
                            Dub V

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                            • RPK
                              Registered User
                              • Nov 2002
                              • 195

                              #29
                              a few things:
                              First a question, if a good friend goes to a party and drinks (I don't go because I know there is alcohol) but s/he calls me to give her/him a ride home, and I get pulled over with him/her in the car do I get into trouble?

                              Second:
                              Someone said something about schools should not get involved in students lives outside of school. I think that is wrong. Schools should get as involved in the students lives as possible. Once you graduate from HS and either go to college or work, your college and office will be in your personal life. With college it's a little less than in HS, mainly because the profs dont care if you show up-they'll just give you a big fat F. But if caught with drugs or alcohol sports players are suspended or kicked off the team for a specific amount of time. (I don't know if that is just the way it is in Private colleges-i go to a private college). In work the terms are different as well, but SOME offices wont allow relationships to take place (cant date coworkers, ect). But the biggest thing is your record follows you everywhere you go. From school to school, and from school to work, and even from school / work to family.

                              Always keep in mind that what you do, and what you allow your friends/family memebers to do follows you for a long time. Maybe 20 years down the road you may look back at high school and laugh at all the stupid things you did, or maybe you will regret some things. So when you are about to go do something with your buddies, always remember a few things: will you regret what you are about to do in the future? will these same "buddies" be there for you when you take the rap? Most importantly is what will you think of yourself when you are older?

                              Just my 2 cents.
                              RPK
                              MyLisa Rachel Hoefling
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                              Mother of 1

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                              • FooTemps
                                HURRRR
                                • Sep 2001
                                • 6702

                                #30
                                Re: Is this legal? (school announcement)

                                Originally posted by Sinnet
                                Well, our (high school) principal came on the intercom system yesterday at the end of school, and made an announcement saying basically that:

                                any student who is drinking or attends a party where there is any alcohol or drugs being consumed will not be allowed to participate in school activities for one season (1/3 of the year)

                                now, our principal has been trying to crackdown on drinking (not that its affected anything), but I think this is going too far. With this, If I am hanging out somewhere with my friends and someone has a beer, and it gets reported, I'm kicked off any sports teams or activities i'm participating in.

                                Is this legal? I know theres nothing illegal being done here- can our school do this?

                                I don't drink myself, but several of my friends do, sorry if this post is incoherent but i'm pretty mad about this.

                                This rule has been effect @ my school for about 4 years. So yes, the school can do it if they feel it is best for the students or for their own reasons.

                                .
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