Texas arresting people in bars for being drunk

[browzin]

Texas' new Don't Drink and Drink program... from http://news.yahoo.com/s/nm/20060322/us_nm/bars_dc

Texas arresting people in bars for being drunk Wed Mar 22, 6:05 PM ET

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.

The goal, she said, was to detain drunks before they leave a bar and go do something dangerous like drive a car.

"We feel that the only way we're going to get at the drunk driving problem and the problem of people hurting each other while drunk is by crackdowns like this," she said.

"There are a lot of dangerous and stupid things people do when they're intoxicated, other than get behind the wheel of a car," Beck said. "People walk out into traffic and get run over, people jump off of balconies trying to reach a swimming pool and miss."

She said the sting operations would continue throughout the state.

[HoustonLX]

Thats rediculous. Bars are privately owned. Yes, they are public places, however, owners have the right to refuse service. IMO that does not make it a public place.

Arresting people for being drunk because they may leave and do something stupid like drive a car? Thats totally assinine. Thats basically saying they think this drunk person will leave the bar and commit a crime.

If that were the case, better arrest every gun owner because they may shoot someone.

Hell, better stop me from driving my car home from work this evening because I might run a stop sign.

:bs: :rolleyes:

[browzin]

Yep, that's what I was thinking. The ramifications of being able to enter a private place of business for a "preventive" arrest are, to me, unsettling.

How long before it's a private dwelling, and how probable does the potential crime have to be? I could understand the officers waiting in the parking lot, seeing the drunk get behind the wheel and then detaining them...but going into the bar itself and rounding patrons up?

:nono:

[darva]

Can we say... Minority Report? heh

Chad and I were talking about this last night... I agree, it's unsettling. If you aren't being belligerent, why is it an issue while you're still in the bar? I agree with Browzin' until they actually COMMIT a crime, why are they being allowed to make the arrests? I do understand that you can get a PI, but again... I would think you'd have to give them a reason to cite you... am I wrong?

I guess I better watch how much I drink when we have my 'after the baby bachelorette party!' =/

[browzin]

(Italics mine)
Tex.PenalCode Section 49.02 PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated tothe degree that the person may endanger the person or another.
[Subsections (b)through (e) deleted]

Tex.PenalCode Section 1.07 (40) "Public place" means any place to which the public or a substantial group of the public has access and includes,but is not limited to, streets, highways, and the common areas ofschools, hospitals, apartment houses, office buildings, transport facilities, and shops.

So, I guess unless it's a private club (i.e. excludes "public or a substantial group of the public"), the officer can enter and arrest based on the subjective possibility that an intoxicated person "may" endanger someone.

I wonder if officers checked for designated drivers, car keys, etc., on the people arrested...just how strong does the "may" have to be? Interesting...in a scary Orwellian invasion of privacy kind of way.

[Rusman]

Is it 1984 already?

[Otis!]

"Public place" means any place to which the public or a substantial group of the public has access and includes,but is not limited to, streets, highways, and the common areas ofschools, hospitals, apartment houses, office buildings, transport facilities, and shops.


I guess our garage is next, LOL! No more 'Matt Damons' and scooters for RxRacer either! They'd get is for PI, DUI, and gambling w/o a license, LOL!

O!

[Chad82GT]

Holy Crap!!! And I thought Hawaii was a Socialist Republic... you guys do EVERYTHING big in Texas!

I certianly hope citizens take action against this "interpretation". I can't imagine it'd stand up in court. Exactly what action define "may endanger the person or another" ?

[white87306]

How long before it's a private dwelling


Can you say slippery slope?

We're screwed.

[browzin]

Holy Crap!!! And I thought Hawaii was a Socialist Republic... you guys do EVERYTHING big in Texas!

I certianly hope citizens take action against this "interpretation". I can't imagine it'd stand up in court. Exactly what action define "may endanger the person or another" ?

I certainly hope they do as well...but I doubt it. :rant: The continuing slash and burn approach to civil and property rights in this country under the guise of "protection" from outside, inside, ourselves hasn't met with much obstruction in the political or public arena. :rant:

After all, it's for our own good. :angel:

I'm with Benjamin Franklin on this one..."Any society that would give up a little liberty to gain a little security will deserve neither and lose both."