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-   -   Texas arresting people in bars for being drunk (http://cellar.org/showthread.php?t=10472)

Torrere 04-09-2006 04:54 AM

Texas arresting people in bars for being drunk
 
Quote:

SAN ANTONIO, Texas (Reuters) - Texas has begun sending undercover agents into bars to arrest drinkers for being drunk, a spokeswoman for the Texas Alcoholic Beverage Commission said on Wednesday.

The first sting operation was conducted recently in a Dallas suburb where agents infiltrated 36 bars and arrested 30 people for public intoxication, said the commission's Carolyn Beck.

Being in a bar does not exempt one from the state laws against public drunkenness, Beck said.
Sheeeeeeeeeesh!

xoxoxoBruce 04-09-2006 11:40 AM

Are they testing or making subjective judgements? :confused:

Beestie 04-09-2006 12:32 PM

Since when are bars public property?

Clodfobble 04-09-2006 04:33 PM

Subjective judgments. They are specifically not doing breathalyzers or field sobriety tests, they're pretty much going based on whether your behavior is considered disruptive or not. It's almost more "disturbing the peace" than "public intoxication," though the latter is still what you're charged with I believe.

There's been a huge uproar, and I expect the nonsense will cease shortly due to the PR nightmare it's turned into.

Elspode 04-09-2006 07:28 PM

What's next? Busting people in whorehouses for having sex?

zippyt 04-10-2006 12:01 AM

Since when are bars public property?

I agree , I don't see haw this could be constitunal .

I wounder if the rangers came to your house , and you were sitting quietly in side buzzed ( leagealy on say beer ) , they knocked on your door , ( by mistake , wrong address ) , could they bust you for opening the door ?? or would you have to step out side ???

marichiko 04-10-2006 01:40 AM

Yep, bars are private property. That's why they have bouncers to kick the rowdy patrons out. The bar owner frowns on such behavior in HIS establishment. Now, if the cops stood outside the bar and arrested drunks coming out, that might be different. Still, I see drunks here coming out of bars all the time and waiting good naturely for a cab to take them home. I really don't see why the cops would do such a thing. Isn't there enough ACTUAL crime in Texas to keep law enforcement busy?

Its one thing if a rowdy drunk starts accosting people on a public sidewalk; a whole other thing if someone quietly drinks 6 martini's in a bar and then takes a cab home. Stupid thing to waste the time of law enforcement officers on and unconstitutional, as well.

Flint 04-10-2006 10:06 AM

Sadly, his very real news item almost belongs on The Onion.

Trilby 04-10-2006 10:08 AM

I thought bartenders were supposed to sort of have a feel for a patron and if said patron was snockered, to quietly get him/her a cab or similar? No?

Flint 04-10-2006 10:42 AM

@B: True, yes, but at the same time they are serving alcohol - and applying an arbitrary law enforcable point where the effects of the product being sold are considered not acceptable is a little hard to make sense of. Either alcohol is illegal or it is not.

The bartender that stops serving you is making a private business decision.

FallenFairy 04-10-2006 10:59 AM

Quote:

Originally Posted by Flint
The bartender that stops serving you is making a private business decision.

Right on the head Flint... but take it one step further - the bartender is also covering their own ass... in most states now the bartender and bar owner can be held legally responsible for allowing an overly impared patron to leave their establishment, should accident or death befall that person due to drunk driving or other alcohol related accident ... I spent some time bartending in Seattle and we were sent to classes held by the Alcohol Control Board to learn how to determine a patrons height/weight and the amount of alcohol it would take to impair that person... (an inaccurate and futile game, how does one know how many drinks or other substances said patron had before entering your establishment?)

Point is once the powers that be make it so not only the bar patrons are accountable for their individual actions ie. over-imbibing and choosing to drive, but that the bartender and bar owner are responsible for that individuals bad decision... well, the demise of the friendly neighborhood bar is on the horizon....
Seems to me the authorities in Texas are looking to hurry the process.

Trilby 04-10-2006 04:33 PM

whaa...? I'd love t'know what yoooo said but em tooo drunksye

jaguar 04-12-2006 09:26 AM

In the UK it's illegal to serve someone who appears drunk but any attempt at enforcement would result in another poll tax riot.

Flint 04-13-2006 10:13 AM

Due to public outcry, the TABC is suspending this program, pending an internal investigation. What a joke. What happens when you make something that people are going to do anyway illegal? They do it anyway, but you lose tax revenues. They do it anyway, but completely unregulated. They do it anyway, but an underground industry is formed, and violence follows as organized crime bosses muscle in for a piece of the action.

Am I to understand that we will still have bars, they will still serve alcohol, but it will be illegal to get drunk? So you have to go to a speak-easy?

FallenFairy 04-13-2006 10:30 AM

Maybe we should invest in a speak-easy now and beat the rush...if this is a sign of the times, there's gonna be lots of business for us!

Possibly TX will consider passing legislation imposing a 2 drink limit in all public places... :headshake
ahhh but again - bars are privately owned...

Flint 04-13-2006 10:36 AM

I play in bands, in bars, for drunk people.

I get drunk, depending on the size of the band's bar tab.

Texas is supposed to have more common sense than this.

Society is going downhill when somebody thinks this is a good idea.

FallenFairy 04-13-2006 10:39 AM

then YOU My Friend are going to jail.:right:

Flint 04-13-2006 10:44 AM

Then, my good sir, I'll see you at the Supreme fucking Court.

DON'T TREAD ON ME

FallenFairy 04-13-2006 10:49 AM

It may come to that...
and isn't THAT a fucked up idea - heading to the Supreme Court to have a drink!!
Now what I would like to know is who thought this up in the first place????

I like when you call me SIR!! lol

plthijinx 04-13-2006 12:07 PM

this was in the paper today:


Quote:

Originally Posted by Houston Chronicle
The state's alcohol authorities have put a temporary halt to the arrests of drunks in Texas bars.

Texas Alcoholic Beverage Commission Administrator Alan Steen notified a legislative committee this week that the agency is suspending the controversial program known as Operation Last Call for further review.

here is the link to the story:
Houston Chronicle

Dagney 04-13-2006 01:27 PM

I can understand the 'reason' for wanting to do something like this - aka - getting drunk drivers off the road before they have a chance to kill someone. However, I think it is a violation of our constitutional rights to go about it this way.

I think the funding could better be spent in doing random breathalyzer tests at bars (not arresting people, but letting them know they are indeed, too drunk to drive) and getting them a cab to take em home.

But then again, I rarely drink, and when I do, I never drive. So the logic perhaps is lost on me.

Griff 04-13-2006 08:57 PM

Quote:

Originally Posted by FallenFairy
ahhh but again - bars are privately owned...

You wish we still had private property in this country.

jinx 04-13-2006 09:51 PM

Quote:

Originally Posted by Griff
You wish we still had private property in this country.

[thread hijack]

Does SB 881 help us out at all? I just checked in and saw that the Saha's got to keep their farm, but I don't know that sb881 would have prevented the whole very expensive mess. Anyone?
Under Blight, one of the definitions reads
Quote:

(4) A structure which is a fire hazard or is otherwise <!--BeginNoIndex-->dangerous to the safety of persons or property.
That could be loosly interpreted.... could be my house. I wonder what definition was used to condemn the Saha farm, prior to the changes enacted by this bill?

xoxoxoBruce 04-14-2006 12:22 AM

Quote:

Originally Posted by jinx
[thread hijack]

Does SB 881 help us out at all?~snip

Let's see?
Quote:

§ 204. Eminent domain for private business prohibited.
(a) Prohibition.--Except as set forth in subsection (b), the exercise by any condemnor of the power of eminent domain to take private property in order to use it for private enterprise is prohibited.
Well, that's pretty clear...... let's look at the exception in (b).
Quote:

(b) Exception.--Subsection (a) does not apply if any of the following apply:
(1) The (I) THE condemnee consents to the use of the property for private enterprise;
OR (II) THE CONDEMNEE DOES NOT FILE OR DOES NOT PREVAIL ON PRELIMINARY OBJECTION FILED TO A DECLARATION OF TAKING FOR THE ACQUISITION OF CONDEMNEE'S PROPERTY.(Emphasis theirs)
OK, they can if you don't care. Not prevail? If you object to the condemnation and they say tough shit, they can use it for commercial use? WTF!
Quote:

(2) The property is taken by, to the extent the party has the power of eminent domain, transferred or leased to any of the following:
(i) A common carrier, public utility or railroad as defined in 66 Pa.C.S. § 102 (relating to definitions).
(ii) A private entity that occupies an incidental area within a public project, such as retail space, office space, restaurant and food service facility or similar private entity.
OK, they can for a quasi-public service like busses and if the business isn't a major part of the project. Hmmmmm.
Quote:

(3) There is, on or associated with the property taken, a threat to public health or safety. This paragraph includes the following:
(i) Removal of a public nuisance.
(ii) Removal of a structure which is: (A) beyond repair; or (B) unfit for human habitation or use.
Oh, tricky. Legally, any violation of the building code is reason the revoke your occupancy permit, which makes it "unfit for human habitation". It usually doesn't go that far...but it could.
Quote:

(4) The property taken is abandoned.
(5) The property taken meets the requirements of section 205 (relating to blight).
(6) The property taken is acquired by a condemnor pursuant to section 12.1 of the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law.
(7) The property taken is acquired for the development of low-income and mixed-income housing projects pursuant to the act of May 28, 1937 (P.L.955, No.265), known as the Housing Authorities Law, or to be developed using financial incentives available for the development of low-income and mixed-income housing projects under:
(i) section 42 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 42);
(ii) the Housing and Community Development Act of 1974 (Public Law 93-383, 88 Stat. 633);
(iii) the National Homeownership Trust Act (Public Law 101-625, 104 Stat. 4129); (III) THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101-625, 42 U.S.C. § 12701 ET SEQ.);
(iv) 53 Pa.C.S. Ch. 60 (relating to optional affordable housing funding);
(v) the Brownfields for Housing and Redevelopment Assistance programs of the Department of Community and Economic Development;
(vi) the Homeownership Choice Program of the Pennsylvania Housing Finance Agency; and
(vii) any successor program to a program under this paragraph.
(8) The property taken is acquired pursuant to the act of June 25, 1999 (P.L.179, No.24), known as the Economic Development Eminent Domain Law in order to allow for the removal of blighted properties within the borders of a former military facility located in a county of the second class A.
I can understand they don't want the courts to knock this bill apart because of conflict with a previous law.
Quote:

(9) The property is used or to be used for any road, street, highway, trafficway or for property to be acquired to provide access to a public thoroughfare for a property which would be otherwise inaccessible as the result of the use of eminent domain or for ingress, egress or parking of motor vehicles.
So they can take another property for WalMart and yours for a driveway.
The bottom line seems to be; they can't take your property for private business unless they want to. What a sham....what a shame.:mad:

Griff 04-14-2006 07:47 AM

On the upside, more people are pushing back. There is a big fight developing just North of us (NYS) where a gas pipeline is coming through. It isn't a big deal if your property is large enough to accomodate it, since natural gas pipelines are usually pretty safe. Unfortunately, the present route goes through one families' mature timber stand and anothers' small river bounded property which will become unsuitable for building. There has to be a better way to do this stuff. If they started by asking property owners if they'd consider hosting the line and base their route on willingness to participate, they'd possibly do better. They would rather use lawyers and government to push folks around though.

zippyt 04-15-2006 11:33 AM

If they started by asking property owners if they'd consider hosting the line and base their route on willingness to participate, they'd possibly do better.

Griff , Think about that for sec , asking the land owners IF they want a gas main run thru their front yard , who the HELL is going to allow that ??

richlevy 04-15-2006 12:42 PM

Quote:

Originally Posted by zippyt
If they started by asking property owners if they'd consider hosting the line and base their route on willingness to participate, they'd possibly do better.

Griff , Think about that for sec , asking the land owners IF they want a gas main run thru their front yard , who the HELL is going to allow that ??

Actually, my development was built around an underground gas pipeline. In some cases, it passes into peoples yards.

It really comes down to compensation. If it meant a payment of $100 per month for the average house to act as host, there might be some people who would go for it. As an added bonus, you would have automatic caretakers since it would be in the residents interest to report signs of a leak.

Griff 04-15-2006 03:28 PM

Yep. money

xoxoxoBruce 04-16-2006 02:11 AM

When I bought my place, in 1978, I was reading the deed (after the sale of course:redface: ) and it said there was a petroleum pipeline right-of-way.
Yipes! So I got the name of the pipeline company and called them in the Midwest, maybe Ohio.
I gave them my name and address and told them my problem. Within 3 minutes the had someone on the phone explaining the line didn't cross my land, but down the road a little ways.
The line had been put in before the property was subdivided and would show on all deeds descended from that property.
They really blew me away when they started describing all the properties involved. I mean every feature, slopes, notable rocks, even big trees. They knew it up, down and sideways.
Now, this pipeline runs for hundreds of miles but they had all the details for my little area in minutes. I was impressed.

rkzenrage 04-20-2006 11:18 PM

Hey Texas... got a word for ya'. Speakeasy.
Cops... do your damn job, not just some ploy to make jack for the county, this is a sick travesty. Protect and serve my ass.

Griff 04-22-2006 12:40 PM

Quote:

Originally Posted by rkzenrage
Protect and serve my ass.

HA! What exactly do you mean by that?:lol:

xoxoxoBruce 04-22-2006 06:33 PM

You know, Griff.....I'm wondering if your safe to be teaching malleable young minds. :eek:

twentycentshift 04-22-2006 10:44 PM

texas scares me, for many reasons. i grew up here, but it's become a nazi state. not to sound extreme, but all things considered (executions galore, bible-belt-baptist christ-extemeists, guns everywhere, etc.), i'm thinking about moving. i don't even want to try to change it from within. i'd rather live the rest of my life in a place where i can feel free to express myself and to go to bar if i want, and to drive down a highway without worrying about some road-rage a-hole shooting at someone, or heaven forbid have a gay or muslim or black friend bashed.

can you tell i'm burned out on the place?

xoxoxoBruce 04-23-2006 12:56 AM

Sure twentycentshift, that's how you feel tonight. But after a good nights sleep and a hearty breakfast just step outside...... it'll look worse. ;)

rkzenrage 04-23-2006 11:25 AM

Quote:

Originally Posted by Griff
HA! What exactly do you mean by that?:lol:

Most police departments have that as their "mission statement"... the bullshit of entrapping people buying dime bags and johns with "stings", busting people for being drunk in public on private property.... not exactly protecting and serving. It is nothing but stealing from the public, embezzlement actually, organized crime.
I think that most are great cops doing what they are told, a shame really... it is wrong that the officers get these bright ideas to bolster the pensions of the the brass.

TiddyBaby 04-23-2006 11:43 AM

I use to see this sort of brutality at festivals. We'd peform, go out and mix with the crowd, then see the gestapo filter in to strike up conversations with the participants.... if they wavered or responded "confusidly"... the poor peoples were arrested for being "drunk and disorderly"...
..like the cops were some sorta 19th century school masters.

AND the poor drunks didn't do any negative or disruptive thing, other than being planted on earth at the moment in a safe enviornment, and "STANDING" away from doing harm... they were just drunk.

The next Republican Law = the "BUI", ... Breathing (Alive, Minding Your Own Damn Bizness) Under the Influence.

xoxoxoBruce 04-23-2006 03:19 PM

The Breathalyzer works on the principle that one of the ways your body rids itself of alcohol is transferring it from the blood to the air in your lungs which you then exhale.

The next person then inhales that air or is surrounded by air containing flammable fumes.

It's about time to crack down on second hand alcohol. ;)

wolf 04-23-2006 04:34 PM

The first thing you learn about operating a Breathalyzer is don't stand directly in front of the person who is doing the blowing.

xoxoxoBruce 04-23-2006 04:40 PM

Sure, turn your head and cough becomes turn your head and blow. :blush:

TiddyBaby 04-23-2006 05:54 PM

thats not what the doc said after he put on his latex gloves and canola oil.

rkzenrage 04-25-2006 05:28 PM

In many states if you tell them you "just had a drink" they will have to give you a half an hour before giving you a test.


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