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Thursday, December 17, 2020

The Logical Conclusion Of Social Host Liability Laws

We at Twenty-One Debunked have a long history of opposing the ageist abomination that is the 21 drinking age and all of its ancillary laws, especially social host liability laws where hosts are liable for any harm that guests cause after leaving the premises after consuming alcohol, DUI or otherwise.  We have always considered such laws to be an affront to personal liberty and especially its flip side, personal responsibility, and also believe that such laws have a chilling effect on social interactions and community in general.  Even if these laws briefly had some merit at one time, that train has long since left the station.

And now, just like we predicted but did not say out loud for fear of giving the authoritarians any ideas, some mainstream news outlets are claiming that, in Canada of all places, the same logic can be applied to hosts whose guests inadvertently contract COVID on their premises.  Of course, the legal basis for this assertion is flimsy at best, never been tested, and it is practically impossible to prove who gave such a widespread virus to whom.  But alas the Overton window has a way of shifting unexpectedly, as we have learned repeatedly, and new precedents can be conjured out of thin air at least for a time.  

And clearly the authors of this idea seem to be inspired by social host liability for alcohol, as they mention such laws almost in the same breath as well.  They should really be careful what they wish for!  Especially in our notoriously overly litigious society, much more than Canada.  What next, how about if the guest goes on to infect someone who infects someone who infects someone who dies and/or (in the USA) gets a six or seven figure hospital bill?  How many degrees of separation before the host is no longer liable?  What about the flu or other infections?  Slopes are indeed much slipperier than they appear.

Such nascent precedents must absolutely be rejected and nipped in the bud before they begin, lest there be a permanent chilling effect on social interaction well beyond the end of the pandemic, with massive collateral damage.  The end of socialization portends the end of civilization, after all.  And any judge who enforces them needs to be removed from the bench at once, forever.  (At the very, very least!)

Interestingly, even for alcohol, the only two countries that have social host liability are the USA and Canada.  Even countries that have more of a "brother's keeper" and communitarian ethic simply do not have such laws or precedents.  One could argue that the USA in particular needs such laws to keep our hyper-individualism in check, but that is a circular argument and begging the question.  Kinda like, you know, the 21 drinking age itself.

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