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Bar Sweep Sparks Controversy (Drunk People Arrested in Bars!!)
NBC5i.com ^ | March 23, 2006

Posted on 03/22/2006 10:40:15 AM PST by Daytyn71

The Texas Alcoholic Beverage Commission sent a message to bar patrons last week.

TABC agents and Irving police swept through 36 Irving bars and arrested about 30 people on charges of public intoxication. Agency representatives say the move came as a proactive measure to curtail drunken driving.

North Texans interviewed by NBC 5, however, worried that the sweep went too far.

At one location, for example, agents and police arrested patrons of a hotel bar. Some of the suspects said they were registered at the hotel and had no intention of driving. Arresting authorities said the patrons were a danger to themselves and others.

"Going to a bar is not an opportunity to go get drunk," TABC Capt. David Alexander said. "It's to have a good time but not to get drunk."

Dallas comedian Steve Harvey agreed with the Texas residents who said the arrests infringed on individual rights.

"If a guy's got a designated driver, go ahead and let him get toasted," Harvey told NBC 5.

Texas law states that inebriated individuals could be subjected to arrest anywhere for public intoxication. Harvey and other North Texans called the measure extreme.

"That seems to be an extreme case," one man said. "You are self-contained, in the hotel, you're not going in the streets, it seems a little ridiculous."

TABC officials said the sweep concerned saving lives, not individual rights. Harvey and others interviewed by NBC 5 said they believe drunken driving to be unacceptable, although Harvey wanted to confirm that the United States remains a free country.

"Freedom of drinking should always be allowed, and it is only American to let a guy get drunk where he wants to get drunk," Harvey said.


TOPICS: Culture/Society; Miscellaneous; News/Current Events; US: Texas
KEYWORDS: bars; beer; brownshirts; dallas; donutwatch; drunkdriving; fourthamendment; houston; leoabuse; liqour; policestate; revenueenhancement; sanantonio; spelling; texas; theman
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
TABC officials said the sweep concerned saving lives, not individual rights.

they will all be working for homeland security before the year is out

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

201 posted on 03/22/2006 4:47:46 PM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Bigs from Michigan

Ah but there ARE private clubs that serve alcohol in Texas.

Some are necessary (with a nominal membership fee) in dry counties. Lollapalooza was held in such a county in the mid 1990s and attendees had to purchase a "membership" to drink during the one day, never again, event.


202 posted on 03/22/2006 4:49:34 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: me-here

They'd do better to storm the bathrooms and route out the cokeheads.


203 posted on 03/22/2006 4:52:22 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: elc

There has been little effort made to crack down on after hour beer service at taquerias and cantinas (some even have police in uniform working the door while customers drink till dawn and snort coke all night long).

What they DID do after some firemen lost their lives putting out a late night fire in such an establishment was to raid some taquerias that were serving food. Rather than bust customers for violating posession of alcohol after 2am in an establishment, they busted any customer who was "P.I." in the restaurant. So if they had stopped in (not necessarily driving) and were grabbing a bite and some coffee or iced tea to sober up, tough luck.

There is a searchable article as well about a woman who was taking a cab home (in Boston) one time and was arrested for P.I. when the cab driver was pulled over for some unrelated infraction.


204 posted on 03/22/2006 5:00:42 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: Old_Mil

Naw, its the phone company. Watch the President's Analyst sometime.


205 posted on 03/22/2006 5:04:33 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: TheForceOfOne
I had the right to remain silent...

Just not the ability.
206 posted on 03/22/2006 5:08:34 PM PST by HoosierHawk
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To: cbkaty
Oh the police will visit some of those places for fun, or even work at them (like the Butt Nekid Club). They just won't hassle the customers unless payments are missed.

Here's another drinking establishment in Texas frequented by officers looking for fun and relaxation:

Interrupt a sheriff's deputy's beer? Prepare for a hailstorm of lead! (Feb 5, 2004)

When Harris County sheriff's deputies return fire, they really return fire. Especially if they're at a bar.

The December 27 drive-by shooting at the venerable West Alabama Ice House didn't get much notice from the media, it being just another bit of the gunplay that tends to liven up a night on the town here.

But gee, it sounds like it was fun.

Three off-duty deputies were at the icehouse about midnight, and things seemed quiet enough. Then a 1992 Ford pickup truck screamed down the street, with two twentysomethings in it, one of whom started firing a .22-caliber pistol.

The cops tried to get the license plate but couldn't, so they settled back to their table. Soon they heard the telltale sounds indicating the truck was about to make a second pass. "By that time the guys had loaded up and said, 'If he comes back again, forget about it, we're returning fire,' " says Burt Springer, the lawyer representing two of the deputies.

And did they ever. Somewhere around 40 shots' worth. Investigators reportedly ran out of the little markers used to identify spent shell casings and had to borrow paper cups. Basically, Springer says, the deputies emptied their guns.

Not to put too fine a point on it, but…all the shots missed. The truck was shot up like Swiss cheese, but neither the driver nor the trigger-happy passenger was hit. They were stopped a mile or so later -- not because they were driving a truck riddled with bullet holes, but because they ran a red light.

(Deputies do have to keep up their target-shooting qualifications in Harris County, but those tests are not taken in bars.)

Sheriff's spokesman Lieutenant Robert Van Pelt says the department's internal affairs division is still looking into the incident, but Springer thinks nothing will come of it. Since no one was hit, the district attorney's office did not send anyone to the scene, making a grand jury review more unlikely.

Springer says the deputies had been at the bar only a short time and weren't drunk. Not that it would matter: "Even police officers who've been drinking are allowed to defend themselves," he says.

If only they could aim.

Note too that there is an apartment complex right across the stree from this ice house.

207 posted on 03/22/2006 5:24:21 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: MikeD; -YYZ-

See my post 207 for more examples


208 posted on 03/22/2006 5:28:39 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: grapeape

Seems as if they have everywhere. Around here in Northeast La., they make $8.00 - $9.50 an hour and most would work for nothing just to have a badge and gun.

All they want to do is shoot someone's dog, shoot a person with a taser and find drugs and cash money in a vehicle.


209 posted on 03/22/2006 6:02:54 PM PST by cajun-jack
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To: inneroutlaw
Kinky Friedman quote alert ping.

See # 99.

210 posted on 03/22/2006 6:51:10 PM PST by elkfersupper
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To: freepatriot32
homeland security

--------------------------------------------------------------------------------------------------------------------------------------

(snip)Even though the Nazis had gained the largest share of the popular vote in the two Reichstag general elections of 1932, they had slim majority in parliament within the Papen-proposed Nationalist DNVP coalition. This coalition ruled through accepted continuance of un-Constitutional Presidential decree issuance under Article 48, prevalent in all Chancellorships since October 1931.

Nazi Germany

Consolidation of power

Berlin during the Nazi era

The new government installed a dictatorship in a series of measures in quick succession the Reichstag was set on fire, and this was followed immediately by the Reichstag, which rescinded habeas and civil liberties.

A further step that turned Germany into a dictatorship virtually overnight was the Enabling Act passed in March 1933 under pressure. The act gave the government (and thus effectively Adolf Hitler) legislative powers and also authorized it to deviate from the provisions of the constitution. With these powers, Hitler removed the remaining opposition and turned the Weimar Republic into the "Third Reich".

Further consolidation of power was achieved on January 30, 1934, with the Gesetz über den Neuaufbau des Reichs (Act to rebuild the Reich). The act changed the highly decentralized federal Germany of the Weimar era into a centralized state. It disbanded state parliaments, transferring sovereign rights of the states to the Reich central government and put the state administrations under the control of the Reich administration.

Only the army remained independent from Nazi control, and the Nazi quasi-military SA expected top positions in the new power structure. Wanting to preserve good relations with the army, on the night of June 30, 1934 Hitler initiated the Night of the Long Knives, a purge of the leadership ranks of the SA as well as other political enemies, carried out by another, more elitist, Nazi organization, the SS. Shortly thereafter the army leaders swore their obedience to Hitler.

At the death of president Hindenburg on August 2, 1934, the Nazi-controlled Reichstag merged the offices of Reichspräsident and Reichskanzler and reinstalled Hitler with the new title Führer und Reichskanzler.

The inception of the Gestapo, police acting outside of any civil authority, highlighted the Nazis' intention to use powerful, coercive means to directly control German society. Soon, an army estimated to be of about 100,000 spies and infiltrators operated throughout Germany, reporting to Nazi officials the activities of any critics or dissenters. Most ordinary Germans, happy with the improving economy and better standard of living, remained obedient and quiet, but many political opponents, especially communists and some types of socialists, were reported by omnipresent eavesdropping spies, and put in prison camps where they were severely mistreated, and many tortured and killed. It is estimated that tens of thousands of political victims died or disappeared in the first few years of Nazi rule.(snip)
Wikipedia

211 posted on 03/22/2006 7:28:02 PM PST by winston2 (In matters of necessity let there be unity, in matters of doubt liberty, and in all things charity:)
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To: Daytyn71
The reality is even worse than the story suggests, all the Jack Booted Thug TABC agent has to do to make an arrest is "articulate" that a person appearing in a "public place" does not have "the normal use of mental or physical faculties" by reason of ingesting any amount of alcohol or the introduction of any other substance, including legally prescribed drugs.

Anyone almost anywhere outside their home who has used any of a huge number of prescribed drugs, OTC drugs, herbs, ...of whom a Jack Booted Thug TABC agent is willing to "articulate" that a person does not have the "normal" use of his mental or physical facilities, ie slurs a word, or stumbled, or whatever, can be arrested, and presumably convicted, and imprisoned; and in any event have his life ruined.

Oh, and even if a person appearers both mentally and physically normal, if tested with a BAC above 0.08, he still gets convicted.

Is a hospital a "public place"? At least parts of it are, perhaps after cleaning up the bars the Jack Booted Thugs TABC agents will start raiding hospitals, which would also seem to be target rich environments.


Myths About Public Intoxication



Some Facts About Public Intoxication And Nightclubs

Many people do not understand how they can be arrested when they are inside a bar or a private club. Chapter 49.02 of the Texas Penal Code states: "A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another." Any location permitted to sell or serve alcoholic beverages is a public place.

People also confuse public intoxication with having a blood alcohol content (BAC) of .08 or higher, which is the legal limit for driving in Texas. But an individual’s BAC is only half the story. Chapter 49.01(2)(a) of the Penal Code defines public intoxication as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more."

Alcohol affects different people in different ways. Just two or three drinks can cause some people to act in ways that they normally would not. Loud or slurred speech, exaggerated movements and unsteady balance are the most common symptoms exhibited. These are some of the things that law enforcement officials look for when dealing with individual suspected of being intoxicated. If an agent can articulate that a person does not have the normal use of mental or physical faculties, due to alcohol or drug consumption, then the agent can arrest that person for public intoxication.

Sales to Intoxicated Persons: Section 101.63 of the Alcoholic Beverage Code makes it a crime to sell alcoholic beverages to an intoxicated person. Bartenders and wait staff are legally obligated to look out for these signs of intoxication and to refuse to continue serving someone who appears to be intoxicated. People in the service industry are encouraged to attend a TABC-approved Seller Training Course and be trained in how to identify minors and intoxicated persons.

Consequences: Public intoxication is a class C misdemeanor punishable by a fine up to $500 for each occurrence. Not only that, most jails now require that a person arrested for public intoxication be held for at least 4 to 12 hours before being released. Selling alcohol to an intoxicated person is a misdemeanor punishable by a fine of up to $500 and/or up to a year in jail. Just having either of these offenses on a person’s criminal record could affect their ability to get a job for the rest of their lives.

Source: Texas Alcoholic Beverage Commission
212 posted on 03/22/2006 8:03:45 PM PST by MRMEAN (Corruptisima republica plurimae leges. -- Tacitus)
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To: MRMEAN

$500 here, $500 there, and the city's failed public transportation program costs will soon be balanced out...


213 posted on 03/22/2006 8:22:45 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: Petronski

Once again you have shown your intolerance.

I do not support a police state, I am probably the last person that would condone a police state. I do however respect the law and the law is clear, public drunkenness is illegal.

And why would i lose my temper and flame anyone? I understand that you have a differing point of view from me. I believe you to wrong as to most points on this.

My observation is that you and others here are the flamers. Name calling, abusive language, intolerence; these are all tactics of the left wing.


214 posted on 03/23/2006 4:48:47 AM PST by Bigs from Michigan
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To: MineralMan
I thought being right and standing up for what is right is the root of being a conservative. You and I may disagree on this, but that is another matter.
215 posted on 03/23/2006 4:51:22 AM PST by Bigs from Michigan
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To: cherry
you're over the top......going along with your theory, do you think cops should be able to come to YOUR house and arrest YOUR company if they are having a few brews?....
after all, YOUR home is not their home......

not at all, a private home is a private home. My Theory as you call it is does not allow for that. As far as I know, you do not need a license to have a few brews with your friends in your home, or their home for that matter. You do however have to abide by the drinking age laws, and are subject to the any and all local and state public drunkenness laws when you step onto public property.

If you wish to sit on your front porch a drink yourself into a stupor, feel free.
216 posted on 03/23/2006 5:01:38 AM PST by Bigs from Michigan
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To: atlaw
That would depend on how your state views it. In Michigan, where we have more boaters and shoreline than any state but Alaska, I believe the law is that if you are moored to a structure, say a dock, the engine is off, your are OK. IF you are not moored to a structure, even if you are anchored, it is the same as any other vehicle.

My father in law and a bunch of his friends found out about this the hard way. 4 pontoon boats anchored and tied together in the middle of a lake to make a "party barge". Lots of drinking going on. Cost 4 of them citations for operating a vehicle under the influence and 9 of them open container and public drunkenness citations.

and they paid the fines, every one of them knew they had messed up, they knew it was wrong, but they did it and paid the price.
217 posted on 03/23/2006 5:12:12 AM PST by Bigs from Michigan
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To: Richard Kimball

"...or seeking to give someone a criminal record for no good reason."

Oh, don't be fooled, there is a reason:

"Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with." ('Atlas Shrugged' 1957)


218 posted on 03/23/2006 5:25:46 AM PST by CSM (Lick a finger, politicize the wind, and place the finger into the wind. - EGPWS, 1/26/2006)
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To: weegee
The December 27 drive-by shooting at the venerable West Alabama Ice House

I know this establishment well...the proprietor used to give out free hot dogs on Friday night.... My office was one block away.

It's basically an outdoor bar (no AC). In Houston during the summer, siting outside in 100 degree weather, with humidity so high the air can only be sliced with a sharp knife, eating hot dogs, sweating profusely, and dodging drive-by live fire is not my idea of a good time. Have I done it? Yes.....go figure.

219 posted on 03/23/2006 5:26:41 AM PST by cbkaty (I may not always post...but I am always here......)
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To: Huck; headsonpikes; pageonetoo

Now this is some funny stuff.


220 posted on 03/23/2006 5:29:33 AM PST by Wolfie
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