Senior Kari Briscoe, like most students when they turn 21, hit the bars recently with a handful of her closest friends. Drink number seven was a tequila shot bought by one of her friends. She threw up at shot number 19 and had her picture taken, but then downed two more shots just to prove she could make it to 21.
Briscoe used a “21er book,” given to her by her friends, to keep track of how many drinks she had during the night, who bought them for her and what they were. The 28-page book includes pictures of Briscoe and her friends, along with humorous quotes she blurted out during the night, and her signature for every time she finished a drink.
The 21er scrapbook can take any form, and is usually decorated with stickers, colorful pens, photographs and a guest sign-in section. But while the birthday books serve as a creative way to remember a 21st birthday, those who contribute to putting it together can be legally liable if something goes wrong.
“It’s kind of a tradition we started, and it goes along with the territory of turning 21,” Briscoe said. “The people who are making the books are your close friends. It’s nice they keep track of how many drinks you’ve had. They are watching out for you.”
A scrap of paper or a napkin may suffice as a guy’s memorabilia on his 21st birthday; the practice of having of 21er book is primarily a female custom.
“Guys keep track of their shots, but not as nicely bound in such an organized way,” said Amity Clausen, a senior journalism and psychology major.
Clausen studied abroad for five months in Australia and returned to the University ready to celebrate her 21st birthday with her friends. She put on a crown, started the night out at Jogger’s Bar and Grill, and then hit the campus bars.
She had 17 drinks before her friends took her home. Clausen, who was also given a 21er book by her friends, said the primary problem with the book is that it encourages the birthday person fill up as many pages as possible.
Briscoe also said the book is an incentive for people to drink more than they probably should on their 21st birthday.
Ilona Koleszar, an attorney with Legal Services, said if something tragic happened to the person celebrating his or her 21st birthday, the birthday book could be used as documentation to prove friends had contributed to the person’s intoxication.
“I think it wouldn’t be very hard to make a civil tort claim,” Koleszar said.
Koleszar said bad things happen when people drink too much, and the 21er book could be used as evidence against somebody.
“Don’t create stuff that [could] come back to haunt you,” Koleszar said.
Koleszar said at the worst, if someone died on his or her 21st birthday, and the person’s parents were looking for a cause, the 21er books could be used to claim wrongful death. She said parents could potentially seek a lot of money from the friends who aided in the person’s intoxication.
Koleszar said the birthday book could also be used in cases of drunk driving accidents, personal injury and criminal trespassing.
In court cases, Koleszar said civil damages depend on how young the person is, the person’s earning capacity and how much alcohol was served before death or injury.
“The birthday book is not a good idea. People should be very careful when they help people celebrate their 21st birthday,” Koleszar said. “They should do it as responsibly as possible, and they should not make a record that could be used against anybody in a civil proceeding.”
When she was in college, Koleszar said a friend passed out on his 21st birthday after he went home, choked on his own vomit and died.
“More than one person bought him too many drinks that night,” Koleszar said. “It was a wake-up call — you don’t forget that. It makes you reconsider your behavior.”
But for bartenders, the birthday book does have an advantage. Chuck Hare, the owner of Taylor’s Bar and Grille at 894 E. 13th St., said the 21er books are useful for one reason. He and his employees can tell how many drinks a person has consumed by looking at them.
“You take a look at the book, and if a person has had 15 drinks throughout the course of the night, we cut them off,” Hare said.
Hare said he doesn’t support the myth that people should have 21 drinks on their 21st birthdays.
According to Oregon Revised Statute 471.410, it is against the law for a person to pour, sell or serve alcohol to a visibly intoxicated person.
Hare said the negatives that come out of the 21er “drinking festival” usually include throwing up, and his doormen are trained to watch for signs of visible intoxication. If someone starts vomiting, Hare said he or she is quickly asked to leave the establishment.
“Liability is my first thought. Whether it’s a 21st birthday or a 40th birthday, overseeing people is a huge issue for me,” Hare said. “I have a liquor license I have to protect at all times.”