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Marblehead police chief Dennis King released a statement Monday defending his department’s enforcement of social host laws, responding to concerns raised by Board of Health member Tom McMahon that underage drinking cases are not being adequately prosecuted.
King’s statement addresses McMahon’s allegations at a Nov. 24 meeting that no fines related to social host laws have been issued since 2017 and that some parents repeatedly host drinking parties despite neighbors’ complaints and officer responses.
“No fines have been issued related to these laws since 2017,” McMahon said, citing records from the town clerk. “We have the tools to address this issue, and we aren’t using them.”
McMahon pointed to what he described as a pattern of insufficient enforcement that has left parents without fear of consequences. He cited specific cases where households hosted parties involving significant harm yet faced no apparent penalties.
“The orders come from the top to deal with these situations with communication, rather than actually applying the laws we’ve adopted as a town or state,” McMahon said at the meeting. “The problem has escalated.”
McMahon said one house hosted a party where a girl required hospitalization for alcohol poisoning, then hosted another party the following weekend. He described the lack of enforcement as creating a dangerous environment for youth.
“There is zero fear of consequence for these parents that are breaking the law and endangering the youth,” McMahon said.
McMahon emphasized that his concerns target department leadership and policy decisions, not individual patrol officers. He said he posted criticism of King on social media and received overwhelming support, with his post generating 21,000 views and numerous messages backing his position.
In his statement, King acknowledged the enforcement concerns while explaining the department’s philosophy prioritizes preventing harm and rehabilitation over punishment.
“I understand the concerns raised in recent coverage about how we enforce them in Marblehead,” King wrote, referring to social host laws.
“As police chief, I strongly believe that criminal charges alone do not change a young person’s trajectory; consistent support, intervention and measured accountability do,” King wrote. “Our goal is not to criminalize Marblehead’s youth, but to nurture them.”
King said officers do enforce Massachusetts’ social host law and Marblehead’s supplemental bylaw but noted not every call meets legal thresholds for charges or fines. Both juveniles and adults may face consequences when situations warrant enforcement, he said.
“When enforcing social host law, which we do in Marblehead, not every call meets the legal threshold for charges or fines, and both a juvenile and/or an adult may face them,” King wrote. “Many situations require careful investigation, documentation, parental engagement and, whenever it is appropriate, an arrest or diversion may occur.”
The chief said when enforcement is warranted, the department pursues it through criminal complaints or local bylaw citations. When education and redirection will more effectively prevent future harm, officers use those tools as well, he said.
“When enforcement is warranted, we pursue it through criminal complaints or local bylaw citations,” King wrote. “When education and redirection will more effectively prevent future harm, we use those tools as well.”
King described officer discretion as essential to effective policing, saying trained professionals are trusted to make appropriate decisions on a case-by-case basis.
“Marblehead police officers are well-trained professionals, and they are trusted to use their training, skills and judgement to make the appropriate decision on a case-by-case basis,” King wrote. “Discretion is a fundamental tenant of American policing.”
King highlighted several programs supporting youth through community-based measures. He cited the “On Point” program, developed with juvenile probation, which he described as earning a strong reputation as an alternative to detention.
“I have worked with juvenile probation to develop and implement the successful ‘On Point’ program, which has earned a strong reputation as an alternative to detention, geared to rehabilitate through structured engagement rather than simply punitive measures,” King wrote.
School Resource Officer Sweeney is available for students and families, King said. He expressed full trust in Sweeney as they develop approaches together in response to identified trends involving youth in town, including underage drinking.
The department commits to intervening early to prevent harm before it escalates, applying social host law fairly, consistently and transparently, using diversion when it can meaningfully support youth development and working closely with families, schools and community organizations to actively hear and incorporate community perspectives, King wrote.
He said the Essex County District Attorney’s Office under District Attorney Paul Tucker shares this approach, focusing on holding adults and appropriate juveniles accountable while supporting prevention, diversion and evidence-based interventions.
“Together, we have focused on approaches that hold adults, and when appropriate juveniles, accountable when they put young people at risk, while also supporting prevention, diversion and evidence-based interventions that steer youth away from the justice system whenever that can be done safely,” King said.
King compared social host enforcement to traffic law enforcement, saying both aim to prevent harm rather than simply issue citations.
“In the end, the purpose of social host and underage drinking laws is to prevent harm, not simply to create criminal court cases,” he wrote. “The same can be said about most traffic laws, including speeding enforcement. The goal is not simply to write tickets but instead to prevent harm.”
Massachusetts’ social host law makes anyone who furnishes alcohol to minors or allows underage drinking on property they control responsible for consequences. Marblehead’s 1985 bylaw imposes a $150 fine on anyone having control of residential premises who fails to prevent alcohol use by minors. State law allows penalties up to $2,000 or one year imprisonment.
Board of Health to reach out to chief
At the Nov. 24 Board of Health meeting, McMahon pointed to the local bylaw adopted in 1985 and state law that allows significant penalties, arguing the tools exist but are not being utilized. He said enforcement decisions come from department leadership, not patrol officers.
Board of Health Chair Dr. Thomas Massaro responded by emphasizing the need for dialogue before confrontation.
“I think we owe it to — we have to assume, I feel obliged to assume, that we all have the same positive goals for the town,” Massaro said. “I think our first premise should be to assume that our colleagues are well intentioned.”
Board member Dr. Amanda Ritvo supported direct communication with the police department.
“I think it always makes sense to kind of go to the person directly and hear both sides,” she said.
The board unanimously agreed Massaro will contact King to discuss enforcement data and seek clarification on department policy. No vote was taken on enforcement recommendations.
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