Senator Craig M. Johnson, (D-Nassau) joined Senator Jeff Klein (D-Bronx/Westchester), Nassau County District Attorney Kathleen Rice and representatives from the New York chapter of Mothers Against Drunk Driving (MADD) on Oct. 14 to call for tougher civil penalties against fake ID makers that will make them think twice about providing minors with the means to purchase and consume alcohol.
The officials are championing the expansion of New York's Dram Shop laws, which currently hold bartenders and clerks civilly liable for third-party injuries and deaths caused as a result of providing alcohol to a visibly intoxicated person, to include those who make and sell fake IDs to teens and underage adults.
This call to action was spurred by a startling report from Klein's office that shows how east it is for an underage person can purchase a fake ID in Manhattan and its surrounding boroughs.
"Access to these fake IDs is a train ticket away for Nassau's children," Johnson said. "Make no mistake about it: Putting a fake ID in a teenager's hands is no different than serving them at a bar. The only way to stop access to this open-air black market is to make those who profit from these unconscionable activities accountable for their actions."
Under current law, a person can be held liable:
• If someone, particularly a minor, is injured on their property;
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New York State Senator Craig M. Johnson (second from right) joined Long Island chapter of MADD President Denna Cohen, Senator Jeff Klein and Nassau County District Attorney Kathleen Rice to call for tougher civil penalties for fake ID makers outside Nassau County Supreme Court house in Mineola Oct. 14.
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• If a minor dies as a result of drinking on their property;
• If an underage person gets into a fight, falls and hurts themselves or is sexually assaulted on their property especially if the alcoholic beverages were obtained on their property;
• If a neighbor's property is damaged by persons or minors attending a party at your home or apartment; and/or
• If an underage person who was drinking on your property, leaves your property, and is involved in a motor vehicle accident, causes injury to themselves or others.
Although the above acts may or may not be covered under an individual's homeowner's insurance policy, an individual may still be responsible for costs not covered or beyond insurance policy limits. Parents and adults have a legal responsibility to ensure the safety of underage persons while on their property or under their care, custody and control. Parents have a duty to monitor parties hosted by their children.
Klein plans, in the near future, to introduce legislation to extend Dram Shop liability to sellers of fake IDs.
"Mothers Against Drunk Driving is highly supportive of the combined senators' efforts to tighten regulations in establishments that serve alcohol and extend current Dram Shop liability to sellers of fake IDs," said Donna Kopec, executive director of MADD - New York State. "Current studies indicate that more than 16 percent of the total alcohol consumed in the US as being consumed underage. Curtailing the easy access to alcohol that currently exists through the rampant existence of fake IDs will make it significantly harder for youths to purchase and consume alcohol."
Klein's 37-page report, Underage & At-Risk: Fake IDs & Underage Drinking in New York State, details national and statewide underage drinking statistics. It also lays out DWI statistics across New York's counties showing significant underage DWI problems and highlighting an appalling lack of enforcement on sales to minors in the New York City Metro area.
The report also details an investigation by his office in which investigators supervised underage volunteers as they sought out fake IDs at various locations around New York City, and even demonstrates the required information to obtain these forms of identification. At no point were the volunteers ever asked for proof of the information that would be printed on the cards.
"This report shows how easy it is for New Yorkers to gain access to identification that serves no other purpose than to defraud others, especially on the issue of age," said Klein.
Locations found to offer fake IDs included: Queens Apollo Studio 10213 Roosevelt Avenue, Corona; Camera Corner, 119-15 Liberty Avenue, South Richmond Hill; Bay Parkway Photo, 8509 Bay Parkway, Brooklyn; Maxi Photos, Inc., 8624 5th Avenue, Brooklyn; Magic Photo, 1213 Avenue J, Brooklyn; Memory Keeper Photo, 147 W. 14th Street, New York; and Galaxy Photo, 369 7th Avenue, New York. At certain locations, investigators purchased IDs.
Additionally, the report provides a list of the establishments that have been cited the most times by the New York State Liquor Authority/Division of Alcohol Beverage Control for selling alcohol to minors in Bronx, Nassau, New York and Westchester counties. Another key recommendation of Klein's report is mandatory revocation of liquor and lottery licenses for businesses repeatedly selling alcohol to minors.