Views split on party rule

Mike Joseph

- mjoseph@centredaily.com

STATE COLLEGE — Penn State students and permanent borough residents filled a council meeting Monday night and voiced thoroughly opposing views on a proposal that would make hosts of rowdy parties responsible for illegal behavior of their guests.

“It is clearly unconstitutional,” university undergraduate Brett Fisher told Borough Council during a public hearing on what the borough calls a nuisance gathering ordinance. “You are clearly charging one student with the crime of another.” Fisher is a candidate for council in today’s election.

And Gavin Keirans, president of Penn State’s University Park Undergraduate Association, added: “We cannot legislate a cultural problem away.”

But East Prospect Avenue resident Laird Jones, whose home is between student-occupied homes, said he favors the ordinance because “the tenants change but the pattern doesn’t” and “I’m the one left sweeping up the damage.” Jones said party hosts should be held liable if they “turn loose a horde of drunken people on the neighborhood who didn’t get a turn at the toilet” in the host’s residence.

And South Allen Street resident Tony D’Augelli said that drunken students on the streets create a continuing disturbance Thursday, Friday and Saturday nights.

“There’s a creation of fear that has appeared in our neighborhood,” D’Augelli said. “People are really afraid to leave their homes.”

The nuisance gathering ordinance was drafted to reduce property damage and other negative impacts that stem from off-campus parties and to allow the borough to recover police expenses, which amount to nearly half of the borough’s $17 million budget.

The proposal would hold the host of a gathering of 10 or more people in violation of law and subject to up to a $600 fine if the gathering results in nearby illegal activities such as loud noise, fights, underage drinking, public urination and the like.

But American Civil Liberties Union member Stacie Bird, of Shingletown Road, told council Monday that the ACLU would oppose the ordinance in court if it is adopted because it holds those who exercise First Amendment rights liable for the actions of others.

Council is scheduled to take action on the measure Dec. 7.

In the midst of such opposing views, however, some additional positions began to take shape Monday.

South Garner Street resident Jim Edwards, who said his home has been “invaded” by a drunken student at midnight, told council the university has existing rules for punishing off-campus behavior but is not enforcing those rules. The students should know how they’re really perceived, Edwards said.

And students at Monday’s hearing, though opposing the ordinance, conceded that student drinking burdened the borough.

“I agree that is a problem for the residents and the students themselves,” said Christian Blandford, an undergraduate.

“We are all very well aware that we have a student drinking problem at Penn State,” said Meghan Furey, an undergraduate leader of students who live off-campus.

But no suggested remedies came from the students, only opposition to the ordinance.

“The problem is serious, but this measure is overkill,” said Matthew Lachman, University Park Undergraduate Association director of legal affairs.