PERMITTING TEEN DRUG USE MIGHT RESULT IN LAWSUITS

Critics Concerned Parents Would Be Trapped By Legislation

SPRINGFIELD -- Parents who are aware their kids use illegal drugs may
get handed a new problem from the state: fear of lawsuits.

Legislation proposed Thursday by Republican legislators and the
Illinois State Crime Commission would allow lawsuits against anyone
"permitting" the use of drugs by someone under age 18 if the minor
drug user causes an injury or death or damages property while under
the influence. The amount of damages would automatically be tripled.

The aim, backers said, is not to go after the average parents but to
target people who supply drugs to minors or allow their property to be
used for consumption or production of drugs.

Larry James of Mount Zion, a member of the state Crime Commission said
an example would be "the people who lease a run-down farmhouse and
know darn good and well that white smoke they see cooking isn't
kerosene." Someone injured by a user of the methamphetamine produced
in that house could sue the owner of the property. This would be
allowed even if the property owner did not directly provide the drugs.

He said an advantage of allowing civil lawsuits is that winning
requires only a "preponderance of evidence" rather than the tougher
criminal-court standard of guilt "beyond a reasonable doubt."

Still, James and others conceded, the way the legislation is drafted,
parents could be snared in its trap. Such a scenario could involve
parents who know their teen is using drugs but have been unable to
remedy the problem. If the teen and a friend used drugs after school,
and the friend caused an accident while driving home, the
parent-homeowner could be sued by the victim.

Commission members and two Springfield Republicans who endorsed the
idea Thursday at a news conference were peppered with questions about
such a scenario. State Sen. Larry Bomke, R-Springfield, said he was
not troubled by the prospect because it would happen only if "the
parents permitted use."

The legislation does not spell out the meaning of permitted, and
commission member Charles Schwarting said that "would have to be
hammered out in a court of law."

State Rep. Raymond Poe, R-Springfield, said the legislature would be
"sending a message that we're going to have to take some personal
responsibility" as parents.

After the news conference, James said at the minimum the concept
should be tightened to exclude parents, and a legislative aide said
the questioning would probably lead the main sponsors to do some tinkering.

James suggested "very carefully crafted" language to spelling out that
"the intent of this law is not the parent who has the drug problem in
the house, living there, but the parent who says this is my house,
bring your drug problem here."

James is an emeritus professor of education law at Eastern Illinois
University and represents the Illinois Principals Association on the
Crime Commission. He is also a consultant in personnel and student
issues.

Anthony Man can be reached at leenews@fgi.net or at 782-4043