1

RECONSIDERING THE LEGAL DRINKING

——————————————————
On Thursday March 4th, 2021, Stone Foltz, a 20-year-old sophomore at Bowling Green

State University lost his life from “fatal ethanol intoxication.” Foltz was a new pledge of the Pi

Kappa Alpha International fraternity, taking part in the fraternity’s “Big Little” hazing ritual.

Despite getting sick at the house and being unable to walk on his own, the brothers in the

fraternity refrained from getting him the medical attention that he needed. Instead they took him

back to his apartment, away from fraternity property, where they would leave him unresponsive

and alone. Why? They didn’t want to risk themselves and their fraternity getting in trouble for the
 2

underage consumption of alcohol.1 Instead, Foltz was left in his apartment to be found

unresponsive an hour later by his roommate and a group of friends. The groups of friends

frantically called 911 and Foltz was eventually life-flighted to ProMedica Toledo Hospital where

he eventually died two days later after being on life support.2 Stone Foltz never should have

been left alone and unresponsive in his apartment. The car ride to his apartment should have

been a car ride to the hospital. For the safety of current underage teenagers, the legal drinking

age needs to be reconsidered, and it needs to be lowered to 18.

Why 21?

In 1984 Congress passed the National Minimum Drinking Age Act increasing the legal

drinking age to 21. This act stated that U.S. states that fail to comply with the minimum legal

drinking age being 21 would have federal highway funds withheld.3 Thus, the age was raised in

an effort to combat the fatalities caused by drunk driving. Though the number of deaths caused

by drunk driving has decreased significantly since, is this really a result of the age increase?

The simple fact is, regardless of legality, underage consumption of alcohol still occurs. In fact,

68.3% of youth ages 18-20 consume alcohol regardless of the legal drinking age, and the rates

of heavy drinking are higher among those who are underage.4 “While about 43 percent of adult

drinkers report heavy drink- ing on one or more occasions in the past month, […] 72 percent of

18- to 20-year-old drinkers report heavy drinking in the past month.”5 That being said, the

education regarding vehicle safety and the attitude towards vehicle safety precautions,

specifically in terms of drunk driving, has improved significantly since the 1980’s. As shown in

both Figures 1 and 2, there has been an overall decrease in the amount of drunk driving

fatalities since 1982, but it is important to note that this was not only for those under the age of

21.6 The significant decrease overall indicates that there are outside factors apart from the

increased drinking age. For example, in 2019, the observed seat belt rate among front seat
 3

occupants increased by about 6 times the observed rate in 1983.7 In years following the age

increase there have also been numerous measures taken to improve highway design. For

example, in 2010, the first Highway Safety Manual was published in order to provide

practitioners with the necessary tools and information to ensure optimal safety when designing

roadways.8 Along with improved highway design, there have also been numerous design

changes made to improve vehicle safety. In 1993, the National Highway Traffic Administration

developed the New Car Assessment Program, and in 1987 there was a change in airbag

placement resulting in better overall protection for passengers.9 Additionally, in the time leading

up to the increased age limit there was very minimal public awareness regarding the dangers of

driving under the influence. In 1910, the first law against drunk driving was put into effect for the

state of New York. In 1953, the Breathalyzer was invented; however, public awareness

remained in its developing stages. It was not until the late 1970s and early 1980s when

lawmakers and police officers actually began to strengthen the legal repercussions of driving

under the influence.10

Figure 1, Alcohol- Impaired Driving Fatalities 1982-2018.

Moderating Alcohol Consumption

Drinking In The Safety of a Bar

Rather than preventing the consumption of alcohol for those under the age of 21, MLDA

21 increases the likelihood that underage teens will drink in isolation as opposed to more

regulated environments. As shown in Figure 3, the most common locations for adolescents to

consume alcohol are parties or residential homes. College students ages 18-20 cannot legally

enter or consume alcohol in bars or clubs, so they turn to minimally controlled environments

where they will typically be without adult or parental supervision. One example of these party

locations are fraternity basements. Here, there is no adult supervision, free alcohol handed out

without limitations, and the entire scene is dictated by male upperclassmen. The legal drinking

age needs to be lowered to 18 so that this consumption of alcohol will occur in an environment

with adult supervision and the amount of alcohol being consumed will be more likely to be

rationed. Additionally, it is illegal to serve alcohol to a “visibly intoxicated person” in

Pennsylvania. Bartenders are often trained to recognize when their patrons have had too much

to drink and when it is time to cut them off.11 The Pennsylvania Liquor Control Board offers a

Responsible Alcohol Management Program (RAMP), in which licensees can receive official

certification of responsible alcohol management practices for their establishments.12 Under this

program, and others like it, bartenders are trained to give the “visibly intoxicated person” a glass

of water and organize a ride home for them, typically by either calling a cab. This ensures that

the patron is less likely to get sick and that they get home safely, but most importantly they are

not driving under the influence. None of the safety measures in legal establishments for

everyone’s well being are in place at private residences. Lowering the age would then allow
 5

adolescents, ages 18-20, to drink in safe, monitored environments instead of in isolated and

hazardous private residences.

Figure 3, Location of Underage Drinking

Confidence In The Switch

How do we know that lowering the drinking age would result in the switch from

adolescents drinking in isolated parties to drinking in bars/ clubs? The amount of adolescents

that purchase fake IDs, and the primary reason behind the purchase. A study conducted at

Columbia University surveyed a randomly selected group of 30 students. Of these 30 students,

21 (70%) of them happened to own a fake ID, and only 9 (30%) of them did not. Additionally, as

shown in Figure 4, 85.7% of the sample group used in the study reported using their fake ID to

get into bars, whereas 62.8% reported using their fake ID to purchase retail alcohol.13 Thus, on

average, the primary use for a fake ID is to get into a bar.

Figure 4, Percentage of Fake ID Obtainment and Use.

Drinking In The Safety of Parental Supervision

Furthermore, the legal drinking age being 21 decreases the likelihood of teens

consuming alcohol for the first time in a safe environment with parental supervision. Instead, it

increases the likelihood of teens being shielded from alcohol while growing up in their

households. Thus, resulting in them lashing out with their first taste of freedom when they go to

college. Research suggests that “parents providing the first drink to adolescents reduced

subsequent alcohol related risks compared to those who got their first drink from other

sources.”14 Many parents agree that allowing their child to try alcohol in small amounts at home

with parental supervision would demystify the action of consumption so that when they leave

home they will have less of an urge to drink excessively.15 This also gives the child the

opportunity to learn their limits in a safe environment as opposed to experimenting through trial

and error when they are with their friends who are also still trying to figure out their limits. When
 7

interviewed for a study, one parent said “I figure I’d rather have ‘em learn how to drink properly

at home, with us, than learn with a bunch of teenagers who just guzzle beer… and throw up.”16

In fact, some states actually have exceptions to the minimum drinking age that permit parents to

do so legally. In Wisconsin, minors may possess and consume alcoholic beverages while in the

presence of a parent, guardian, or spouse that is of legal drinking age. This can be on licensed

premises such as a bar or club, at the discretion of the licensee, or in the privacy of their

home.17

Research has shown that 80% of teens agree with the statement that their parents

should have a say in whether or not they consume alcoholic beverages.18 Additionally, research

shows that those who do not agree with this statement typically tend to have parents that follow

an authoritarian, neglectful, or permissive style of parenting.19 On the other hand, children who

are raised by authoritative parents and have an open and healthy communication style, tend to

also have healthy decision making practices when it comes to alcohol consumption. Literature

suggests that authoritative parenting towards adolescent drinking can be a protective factor

against alcohol misuse, and this authoritative parenting style would be seen more often if the

parents did not have to risk legal consequences for these actions.20 A study titled “Adults’

approval and adolescents’ alcohol use” found that “if youth received alcohol from a parent or

other adult relative, the respondents reported consuming fewer drinks on the last drinking

occasion and were less likely to report binge drinking within the previous 2 weeks.”21

Alcohol Related Hazing Deaths

Every year, since 1970, there has been at least one hazing-related death on a college

campus, and 82% of those deaths were alcohol related.22 Hank Nuwer, a professor at Franklin

College researched the subject of hazing and has written five books on his findings. During an
 8

interview with CBS news he said, “Usually when a death occurs, there's circling of the wagons.

You often find that lawyers and parents are phoned before 911. I could point to quite a few

deaths that didn't have to happen if somebody had only made the call".23 Essentially, in the

moment of fear and panic of getting their fraternity organization in trouble, brothers make the

decision not to seek medical attention or call 911, knowing that doing so would result in legal

consequences for underage drinking. During a presentation titled “Love, Mom and Dad” Rae

Ann Gruver tells the story of her son Max who died after a drinking-related hazing activity. Rae

Ann describes how “instead of calling for help, they were more concerned about themselves.”

While Max was lying on the couch that night of the hazing activity, the brothers were more

concerned about cleaning up any traces of alcohol from that night than getting Max the help that

he so severely needed.24

Action Steps

Good Samaritan Policies

Although there are more than 240 colleges and universities with some form of a Good

Samaritan policy instituted, this does not necessarily mean that students are off the hook as

soon as they dial 911. Despite saving the students from legal trouble, many of these schools'

policies have underlying consequences such as required meetings with authority, records sent

to their parents, etc.25

View Point of University Administration

John McCardell, a former Middlebury College president, founded Choose Responsibility

(CR), a nonprofit organization devoted to spreading awareness regarding the dangers of binge

drinking by young adults.24 CR was created in 2007 with the goal of lowering the drinking age to

18, paired with increased educational practices regarding alcohol consumption.26 About a year
 9

later, Choose Responsibility launched a movement titled the Amethyst Initiative, led by

university presidents, advocating for the reconsideration of the legal drinking age.27 Since then,

135 college presidents and chancellors from all over the U.S. have signed the statement of the

Amethyst Initiative.28 One of the presidents who joined the initiative was Richard H. Brodhead of

Duke University. When explaining his support, he states how instead of the legal age preventing

underage drinking, “it pushes drinking into hiding, heightening risks.” He also states “it prevents

us from addressing drinking with students as an issue of responsible choice” because they are

obliged to uphold the law and by doing so they would be acknowledging that they will be

breaking the law.29

Conclusion

It is clear that MLDA 21 does not prevent minors from drinking. Instead, it forces minors

into underground, and dangerous drinking environments. It is understandable that many will

argue against lowering the drinking age, as they feel it will make matters worse. However, the

way things are now clearly are not working and it is time for serious reconsideration. Society is

not the same as it was 40 years ago when the age was initially increased. There is a general

deeper understanding of the dangers that can come from drinking, and especially drinking and

driving. Now, the main problem that needs to be addressed is the culture around alcohol for

minors. The legal drinking age needs to be lowered to 18 so that the act of consuming alcohol

can be decriminalized and done in a safer manner.

Endnotes
1. Sheridan Hendrix, “Bowling Green State University releases report about PIKE hazing,”
May 14, 2021, available at
https://www.dispatch.com/story/news/education/2021/05/14/stone-foltz-bgsu-release-inv
estigation-report-into-pike-hazing-event/5089140001/ (last accessed April 2022).
2. David Dupont and Jan Larson McLaughlin, “911 call records dispatcher walking Foltz’s
friends through CPR.” March 8, 2021, available at
https://bgindependentmedia.org/911-call-records-dispatcher-walking-foltzs-friends-throug
h-cpr/ (last accessed April 2022).
3. Scott Johnson, “We should legalize drinking at 18 to make college life safer.” July 20,
2019, available at
https://nypost.com/2019/07/20/we-should-legalize-drinking-at-18-to-make-college-life-saf
er/ (last accessed April 2022).
4. Shannon Garrido, “Down with the drinking age.” October 28, 2021, available at
https://berkeleybeacon.com/down-with-the-drinking-age/ (last accessed April 2022).
5. U.S. Department of Justice, “Drinking in America:Myths, Realities, and Prevention
Policy,” available at
https://www.needhamma.gov/DocumentCenter/View/4053/Drinking-in-America-OJJDP?b
idId= (last accessed April 2022).
6. Foundation for Advancing Alcohol Responsibility, “Drunk Driving Fatality Statistics,”
available at
https://www.responsibility.org/alcohol-statistics/drunk-driving-statistics/drunk-driving-fatali
ty-statistics/ (last accessed April 2022).
7. Insurance Institute for Highway Safety, “Seatbelts” March 2022, available at
https://www.iihs.org/topics/seat-belts (last accessed April 2022).
8. Patrick Hanson and others, “Evolving Geometric Design Decision-Making in the United
States.” June 2015, available at https://www.fhwa.dot.gov/design/standards/county.pdf
(last accessed April 2022).
9. United States Department of Transportation, “Newer Cars Are Safer Cars,” available at
https://www.nhtsa.gov/newer-cars-are-safer-cars#:~:text=Share%3A,safety%20features
%20to%20protect%20you (last accessed April 2022).
10. “First Drunk Driving Arrest.” October 14, 2021, available at
https://www.history.com/this-day-in-history/first-drunk-driving-arrest#:~:text=In%20the%2
0United%20States%2C%20the,in%20New%20York%20in%201910, (last accessed April
2022).
11. Liz Blood, “What to Do When a Guest Misbehaves.” Tales of the Cocktail Foundation,
July 20, 2020. Available at
https://talesofthecocktail.org/behind-bar/what-to-do-when-guests-misbehave/ (last
accessed April 2022).
12. Pennsylvania Liquor Control Board, “Signs of Intoxication,” available at
https://www.lcb.pa.gov/Education/RAMP/Pages/SignsOfIntoxication.aspx (last accessed
April 2022).
13. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2856740/table/T1/?report=objectonly
 11

14. Friese Bettina and others, “Methods of ‘Fake ID’ Obtainment and Use in Underage
College Students.” Addictive behaviors. U.S. National Library of Medicine, July 2010.
Available at
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2856740/table/T1/?report=objectonly (last
accessed April 2022).
15. Ibid
16. Ibid
17. State of Wisconsin Department of Revenue, “Alcohol Beverage Laws for Retailers-
Underage Alcohol Questions” September 25, 2019. Available at
https://www.revenue.wi.gov/Pages/FAQS/ise-atundrg.aspx#undrg2a (last accessed April
2022).
18. National Institute on Alcohol Abuse and Alcoholism, “Parenting to Prevent Childhood
Alcohol Use”. May 2021. Available at
https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/parenting-prevent-chil
dhood-alcohol-use (last accessed April 2022).
19. Ibid
20. Ibid
21. Journal of Adolescent Health, “Adults’ approval and adolescents’ alcohol use”
September 2004. Available at
https://www.sciencedirect.com/science/article/pii/S1054139X04000539 (last accessed
April 2022).
22. University of Maryland, “Hazing Statistics” available at
https://hazing.umd.edu/home/hazing-statistics#:~:text=82%25%20percent%20of%20dea
ths%20from%20hazing%20involve%20alcohol2 (last accessed April 2022).
23. Deirdre Cohen, “Grieving parents tell the stories of children lost to hazing” May 9,2021.
Available at
https://www.cbsnews.com/news/grieving-parents-tell-the-stories-of-children-lost-to-hazin
g/ (last accessed April 2022).
24. Rae Ann Gruver, “Love, Mom and Dad” available at
https://www.youtube.com/watch?app=desktop&v=WqHo1MIEZhc (last accessed April
2022).
25. Partnership to End Addiction, “Colleges Adopt ‘Good Samaritan’ Policies for Drug and
Alcohol Emergencies”. December 2013. Available at
https://drugfree.org/drug-and-alcohol-news/colleges-adopt-good-samaritan-policies-for-d
rug-and-alcohol-emergencies/ (last accessed April 2022).
26. Ibid
27. David J. Hanson, Alcohol Problems and Solutions “Amethyst Initiative: College
Presidents Lead in Reducing Alcohol Abuse” available at
https://www.alcoholproblemsandsolutions.org/amethyst-initiative/ (last accessed April
2022).
28. Ibid
29. Ibid