OPINION: The right to party? Inside Athens’ nuisance party law

Editor’s Note: This story first appeared in TNP’s 2023 spring print.

Cara Finnegan is a sophomore studying sociology and pre-law, and an opinion writer for The New Political.

Please note that these views and opinions do not reflect those of The New Political.

Many Ohio University students and out-of-town visitors have dealt with the rush of dropping their drinks and moving on to the next party after it has been shut down by the Athens Police Department (APD). These “busts'' can happen any time, but often happen during various party weekends, like Fest Season, Welcome Weekend and the infamous Halloween block party. But why are parties being shut down, and what guidelines restrict parties that occur on private property in Athens? 

One regulation that is commonly used in other college towns is a Nuisance Party Law Ordinance. In Athens, the ordinance states that parties that meet certain guidelines, such as disorderly conduct, unlawful pedestrian or vehicular traffic and public indecency, can be shut down by the chief of police, or their designee. In plain language, this means that if partygoers are getting too crazy, the party can be shut down. Some of the most common violations of the policy that catch the attention of law enforcement include littering, partygoers wandering beyond the property lines of the host’s home, disorderly conduct and underage consumption or possession of alcohol. 

A violation of the Nuisance Party Law Ordinance can come with a hefty fine of up to $150. A second offense can be cited in court as a fourth-degree misdemeanor. However, this tends to only occur if a party continues after a cease and desist order by law enforcement. If a second violation of the ordinance is cited within 18 months of the first violation, tenants of the home can be arrested. 

Additionally, the Athens Nuisance Party Law Ordinance also includes code 9.14.02, Duty to Control Premises, which states that “Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control, individually or jointly with others, of any premises, who either sponsor, conducts, hosts, invites, or permits a social gathering or party on said premises which is or becomes a nuisance party.” In layman's terms, anyone who lives in a home that hosts a nuisance party can be criminally liable if the party gets out of control. 

Athens Chief of Police Tom Pyle mentioned that hosts and partygoers, in general, tend to comply with law enforcement to ensure they are not ticketed, fined or arrested. He mentioned that in recent years, hosts have become more compliant with APD and have communicated directly with law enforcement when their party is shut down to ensure that they are not cited for violating the Nuisance Party Law. 

“Our relationship with students has never been better. Honestly,” Pyle said. “We have been very fair about our enforcement efforts and not heavy-handed but from more of an assisting, safety kind of approach. It has massively improved our relationships with students. The majority of them thank us.” 

Ninety-seven Mill St. is a prolific party house just off Ohio University’s campus. It is known for throwing some of the most fun parties for Ohio U students and Athens visitors alike. Some of the tenants of 97 Mill St. are members of the Phi Delta Theta Fraternity, commonly known around campus as Phi Delt. 

When asked about harm reduction efforts that tenants of 97 Mill take, Ben Hooper, a member of Phi Delta Theta said: “As someone who is responsible for part of the party, the (Nuisance Party) law gives me anxiety about whether or not people can be contained and constantly making sure that there’s nothing crazy going on, so there’s no reason for law enforcement to be here.” 

For Mill Fest, which took place on March 25, their solution was to put up caution tape to ensure that no one left their yard both for their sake and for the partygoers. They also rented a portable toilet to prevent public urination on and surrounding their property. Overall, I believe that their harm reduction efforts are commendable because they invested time, money and effort into keeping partygoers safe. 

Another commonly known party-throwing entity is the Snowcats, a skiing and snowboard club. Snowcats are known for their fun parties, skiing, camping trips and date parties. Noah Doak, the current president of Snowcats, feels that the Snowcats parties have been well-managed internally. 

“We have run massive parties and had no issue, nobody has gotten hurt, nobody has complained. We didn’t even get a noise complaint; we shut it down around midnight ourselves,” Doak said.

At the same time, he mentioned that APD has been pretty lenient this year, but he acknowledges there will be a greater law enforcement presence during Fest Season. 

“I think generally, Athens PD has done a good job, especially over the past year. I think what we have going right now, the current situation, works pretty well. As long as respect is given, respect will always be given back and I think that’s the way it should work, and that’s the way it’s been working. I hope that continues,” Doak said. 

Doak’s point regarding the relationship between law enforcement and off-campus students is important in that positive relationships should be fostered in support of a safe party culture that keeps Athens residents, students and law enforcement safe.

Overall, I believe that this law was put into place to ensure that parties are not getting too crazy, which is important for the safety of partygoers and tenants of homes and apartments alike. 

In the end, Ohio U is known as a party school, and will probably be known as a party school for years to come. If you choose to participate, make sure you are making safe choices and looking out for others. For individuals who choose to throw parties, my advice is simple; put forth harm reduction efforts and comply with law enforcement to ensure that both you and your housemates do not face fines or criminal charges.