MARBLEHEAD — Board of Health member Tom McMahon delivered an extensive and impassioned statement on what he described as an escalating crisis of underage drinking in town. One that he believes local leadership has failed to confront with adequate urgency or enforcement.
During the meeting on Monday evening, McMahon stressed that he was speaking for himself, not formally for the board, but emphasized that the issue has become “top of mind for many” residents.
He argued that underage drinking has “exploded” in recent years, fueled in part by parents hosting alcohol-fueled gatherings for minors, a practice commonly called social hosting.
According to McMahon, numerous residents and neighbors have expressed frustration over recurring parties at certain homes and growing fears for teens’ safety. He referenced at least one tragedy tied to underage drinking and noted that police are frequently called to break up these gatherings. “It’s the same damn houses,” as he put it, yet no citations are issued.
McMahon said he contacted the town clerk to review the town’s enforcement history. The response is that no social-hosting-related fines have been issued since 2017.
“Let that sink in,” McMahon told the Board. “2017. Not one.”
He argued that this lack of enforcement is not due to a lack of awareness by patrol officers, whom he described as committed and responsive, but instead stems from a directive “from the top.” He accused the police chief of favoring quiet, informal conversations over the laws adopted by the town and by the state, an approach McMahon called “counterproductive and ignorant.”
To rebut suggestions that he misunderstood the legal framework, McMahon reviewed Marblehead’s own bylaws and relevant state statutes:
- Marblehead Bylaw MGL 9-4 imposes a $150 fine on adults in control of a residence who allow anyone under 18 to use or possess alcohol on their premises.
- MGL 9-8 requires the Town Clerk to record violations and mandates that fine revenue be used first for enforcement and then for prevention of youth alcohol use.
- MGL 138-34 (state law) allows fines up to $2,000 and potential jail time for supplying or allowing alcohol to be consumed by those under 21.
McMahon emphasized that these local bylaws were adopted in 1995 and were actively enforced for many years. He asserted that Marblehead currently has “the tools to address this issue” but has simply stopped using them.
He also highlighted a recent local incident in which a teen required emergency medical attention after consuming alcohol at a large party, an event followed by another party at the same home just one week later.
McMahon noted that his recent social media post criticizing the lack of enforcement unexpectedly garnered significant support, more than 21,000 views, and a flood of messages from residents who thanked him for raising the alarm.
However, he said he has not felt the same level of support from the Select Board, whose oversight includes holding the police department accountable. He stated that one Select Board member criticized his understanding of the law, prompting him to publicly walk through the legal text during the Board of Health meeting.
McMahon expressed deep concern about the Select Board’s willingness to push for change, arguing that no meaningful progress can occur unless the police chief and the board embrace stricter enforcement.
McMahon, who is in the final year of his first Board of Health term, reiterated that he originally ran for office to improve public engagement and transparency. He said he intends to run for one more term, but issued a clear warning.
If substantial changes are not made regarding social-hosting enforcement, he said he would “have no hesitation” to run for a Select Board seat to ensure the issue is addressed.
“I have a 3-year-old and a 1-year-old,” he said. “I will not allow the precedent to continue that parents can host underage drinking parties without consequence.”
Other board members acknowledged McMahon’s concerns but encouraged a collaborative, fact-finding approach.
Chair Tom Massaro emphasized that town leadership should begin by assuming all parties share the same goals. He argued that change often comes through conversation rather than confrontation, suggesting that the board extend an invitation to the police chief to explain the apparent enforcement gap.
“We owe him the courtesy to talk,” he said, noting that difficult decisions and unseen constraints might contribute to the situation.
The Board discussed the possibility that the chief may have limits on what he can publicly disclose, and agreed that any initial meeting may need to be held privately before presenting information to the public.
The meeting revealed broad agreement on certain fundamentals:
- Underage drinking and social hosting present serious public health and safety threats.
- Enforcement of existing laws has sharply declined, and the reason for that decline is unclear.
- Town boards, schools, and the community must coordinate efforts to improve prevention and education.
- A direct conversation with the police chief is necessary to understand the enforcement strategy.
McMahon reaffirmed that while he respects others’ approaches, he believes the facts speak for themselves, with no citations in eight years, repeated parties at the same houses, and increasing community frustration.
“Why aren’t we enforcing these laws?” he asked. “There’s no excuse in my mind.”
The Board of Health ultimately agreed to reach out formally to the police chief to request a meeting—either in public session or private discussion—to clarify the department’s approach to underage drinking enforcement.
Board members emphasized that their responsibility includes not only addressing the immediate safety of youth but also educating parents and the broader community about the risks and legal responsibilities.
The meeting ended on a point of consensus. Despite clear differences in communication styles and strategy, the Board shares a common goal, to protect the health and safety of Marblehead’s residents.
Select Board Chair Dan Fox spoke about McMahon’s comments in a statement he later made, saying, “These claims are unfounded and misrepresent both the facts and the integrity of the Marblehead Police Department.”
He added, “Let me state this plainly and unequivocally: I have full confidence in Chief Dennis King. His leadership, his professionalism, and his commitment to the safety of Marblehead are exceptional. Chief King has demonstrated integrity throughout his career, and the Marblehead Police Department’s recent full state accreditation, a rigorous, independent review of policies, procedures, and operations, is further evidence of the Department’s strong performance under his leadership.”
Fox said that the statements made at the Board of Health meeting, “including the allegation that ‘orders from the top’ prevent enforcement of social-hosting laws and the characterization of the Chief’s leadership as ‘counterproductive and ignorant,’ are inaccurate, unsupported, and deeply unfair. They also reflect a misunderstanding of how these laws are enforced. Social-hosting investigations require meeting specific legal standards of evidence and due process. Enforcement is not as simple as issuing a citation on demand.”
He added, “Just as concerning as the content of the accusation is the method used to deliver it. Making a serious allegation of misconduct against a department head, without first speaking to Chief King, Town staff, or any Select Board member, or seeking to verify the facts, is not an appropriate or responsible way to raise concerns. Publicly leveling unvetted accusations at a televised meeting does not foster cooperation; it undermines trust, damages working relationships, and does a disservice to the public.”
He agreed that he shares the community’s concern about under-age drinking and social hosting. “These issues deserve focused, coordinated, and informed action,” he said. “That is why I have been actively gathering information, speaking with Town staff, and reviewing the facts. That work is ongoing and will continue in a professional and respectful manner.”
Fox added, “I also want to be clear about this: I welcome dialogue. I welcome ideas and constructive engagement from any board member, resident, or stakeholder who wants to collaborate to improve youth safety. But meaningful collaboration requires reaching out, asking questions, and working together in good faith, not making public accusations based on incomplete or inaccurate information.”
He said that Marblehead is “best served when we address difficult issues with clarity, cooperation, and respect for one another’s roles. The safety and well-being of our young people, and the integrity of our public institutions, are far too important for anything less.”
Police Chief Denis King could not be reached as of press time for a comment.
