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Re: SCA Alcohol Policy




Poster: Suzanne Metzler <0002152178@mcimail.com>

Anarra writes:

<<Liability-wise, I (a non-lawyer) don't see much difference between Caer Mear
<<purchasing a keg with Barony funds and providing it at an SCA-sponsored feast
<<and Caer Mearians purchasing a keg with personal funds and providing it at an
<<SCA-sponsored feast.

One big liabilty issue difference with the two examples above is that if an individual
provides a keg for a feast (and it is not SCA policy to provide such)
then if there is an alcolhol related injury (specifically if someone
drunk leaves an event and hurts or kills another or damages another
's property because of
his/her impairment) then the individual who provided the alcohol would
be held liable under many state "dram shop" laws (i.e. the provider
of the alcohol is responsible for the acts of their drunken patrons
or guests) and not the SCA.  Furthermore, since the SCA's insurance policy 
which normally covers injuries
or damage to property related to activites that occur at SCA events
and SCA officially sponsored activites (like fighter practices) would not 
cover such an occurence since insurance will not cover activities that are
not part of SCA policy. This means, the individual would be solely liable
for any money damages awarded by a court/jury.

I do not like the proposed wording because I believe that if the aim
is to insulate the SCA from suits brought by someone hurt, 
or whose property was damaged, by a drunken scadian
who got that way from drinking alcohol at an SCA event -- this wording
does not accomplish it.  The injured individual will still sue the
SCA as a deep pocket and the SCA will still have to pay the costs of
defending itself.  This wording only insulates the SCA
from potential damage awards that could be awarded
by a jury, and the organization is doing this at the expense of its members.

I believe that if the aim is to insulate the SCA from suit and liability
and by extension those of its members, the better policy is to either
(i) not
allow alcohol to be served at all at any event or official SCA sponsored
activity; or (ii) to obtain liability insurance of a sufficient amount to
cover potential problems.  

Sue Metzler/Tehair (who is a lawyer and who likes to drink, and would
like to continue to be able to give/receive alcoholic prizes at events)

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