Holding Bars and Bartenders Responsible

It seems that a week doesn't go by without hearing about a drunk Downtown Fullerton patron killing someone after getting behind the wheel.

It is sad and preventable. 

The Fullerton Police Department keeps tabs on the bars by conducting "FIs" or field interrogations.  FIs occur when an officer makes contact with the public by stopping them for traffic violations, jay-walking, or simply loitering about.

One of the lines of questions they ask those they contact is where are they coming from and have they been drinking.  The suspects are encouraged to tell the officer which Downtown bar they came from and how many drinks they were served.  The officers document this information and compile it for future investigations. 

I first learned of this data and the process for obtaining it when Downtown Fullerton's Cherch Lounge was closed down for numerous flagrant violations.  It was the first time I had seen the City take a proactive role in holding bars responsible for their action.  

Too bad the bars aren't scrutinized more; perhaps other lives could be saved.

 

The California Business and Professions Code regulates alcohol sales and consumption throughout the state.  Two laws in particular can and should be applied to Fullerton's bars through stepped up enforcement.

25601.  Every licensee, or agent or employee of a licensee, who keeps, permits to be used, or suffers to be used, in conjunction with a licensed premises, any disorderly house or place in which people abide or to which people resort, to the disturbance of the neighborhood, or in which people abide or to which people resort for purposes which are injurious to the public morals, health, convenience, or safety, is guilty of a misdemeanor.

25602.  (a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.
   (b) No person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage pursuant to subdivision (a) of this section shall be civilly liable to any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage.

OC Sheriff's Dept. Releases List of DUI Checkpoints for the Holidays

SHERIFF-CORONER DEPARTMENT

COUNTY OF ORANGE

CALIFORNIA

550 NORTH FLOWER STREET

– P.O.

BOX 449

SANTA ANA, CALIFORNIA 92702-0449

(714) 647-7042

PRESS  RELEASE

Avoid the 38 – Orange County Winter Holiday 2010 DUI

Crackdown Schedule of Operations

Orange County, CA - Orange County Avoid the 38 is announcing its upcoming enforcement operations for the Winter Holiday DUI Campaign.  The following schedule of operations, dates, and locations are provided for media releases. 

Fri, Dec 17th, DUI/DL CHECKPOINT 1900-0300, City of La Habra       (Mini Grant Checkpoint)

Fri, Dec 17th, DUI/DL CHECKPOINT 1900-0300, City of Cypress

Fri, Dec 17th, DUI/DL CHECKPOINT 1900-0300, City of Dana Point

Sat, Dec 18^th, DUI/CDL CHECKPOINT, 1900-0300, City of Anaheim

Sat, Dec 18^th, DUI/CDL CHECKPOINT, 1900-0300, City of Laguna Beach

Sat, Dec 18^th, DUI/CDL CHECKPOINT, 1900-0300, City of Fullerton

Sat, Dec 18^th, DUI TASKFORCE OPERATIONS, 2000-0200, City of Cypress, with Anaheim, La Palma, Los Alamitos and Seal Beach Police Departments.

Fri, Sat, Dec 17 and 18, DUI TASKFORCE OPERATIONS, 2000-0200, City of Irvine and Tustin Police Departments.  

Fri, Sat, Sun, Dec 17, 18, and 19^th, DUI TASKFORCE OPERATIONS, 2000-0200, City of La Habra with the Buena Park, and Placentia Police Departments.  

Fri, Dec 17th, DUI Saturation Patrol, 2000-0300, City of Brea

Sat, Dec 18^th, DUI Saturation Patrol, 2000-0300, City of Tustin

Sat, Dec 18^th, DUI Saturation Patrol, 2000-0300, City of Fountain Valley

Sun, Dec 19th, DUI Saturation Patrol, 2000-0300, City of La Habra

Mon, Dec 20^th, Warrant/Probation Sweep - Orange County Sheriff’s Department

Mon, Dec 20^th, DUI Saturation Patrol 2000-0300, City of Cypress

Thurs, Dec 23^rd, DUI Saturation Patrol, 2000-0300, City of Seal Beach

Sun, Dec 26^th, DUI Saturation Patrol, 2000-0300, City of Santa Ana

Thurs, Dec 30^th, DUI Saturation Patrol, 2000-0300, City of Seal Beach

Thurs, Dec 30^th,  DUI/DL CHECKPOINT 1800-0200, City of Laguna Hills

Fri, Dec 31^st, DUI Saturation Patrol, 2000-0300, City of Anaheim

Fri, Dec 31^st, DUI Saturation Patrol, 2000-0300, City of Placentia

Fri, Dec 31^st, DUI Saturation Patrol, 2000-0300, City of Westminster

Sun, Jan 2^nd, DUI Saturation Patrol, 2000-0300, City of Anaheim

Additional DUI Saturation Patrols to be done by Buena Park PD, California University Police at Fullerton, La Palma Police, Los Alamitos Police, Orange County Sheriff’s Department, Seal Beach Police, Tustin Police and the University of California at Irvine Police Departments.

Additional information about the Avoid Program and operational plans from around the region can be found at http://www.californiaavoid.org/.  Statistical data on the number of DUI arrests and DUI fatal crashes will be released from the previous day’s activities throughout the holiday weekend.

Media Notes:  Reporters are invited to ride along with law enforcement or may join Task Force & checkpoint operations in your region throughout the Campaign by contacting the Orange County Sheriff Department’s Public Affairs Office at 714-647-7042

Funding for the “Avoid” program is provided by a grant from the California Office of Traffic Safety through the

National Highway

Traffic Safety Administration.

Another Bar and Nightclub to Open Near You

Wednesday, November 10, the Fullerton Planning Commission will be considering an application to open another bar and nightclub in Downtown Fullerton.  With parking and the aftermath of bars being a point of contention for area residents and business owners, its hard t o believe that this application will be approved with little or no public outcry. 

I hope that the Planning Commission does approve the application and I also hope that code enforcement and the Alcohol Beverage Council actually enforce the regulations pertaining to serving and OVER SERVING patrons. 

Click HERE for the official agenda.

DUI Enforcement Overwhelmingly Targets La Habra

Today, in my email inbox I found a press release from the Orange County Sheriff's Department with a schedule of "DUI mobilizations" aimed at stopping drunk drivers. Aside from the debate on the constitutionality of randomly detaining and investigating drivers without cause or warrant, the press release shows that the City of La Habra will be the focus of attention from August 27 through September 4. Cops plan on having 6 separate activities during this 9 day period ranging from saturation patrols to checkpoints. For some reason, there is NO

DUI Checkpoints for Memorial Day Weekend Start FRIDAY

DUI Checkpoints set for Cinco de Mayo (May 5)

I guess the South OC cities' names aren't important enough to mention individually. 

Fullerton PD Plans DUI Checkpoint - Will Not Say Where

FOR IMMEDIATE RELEASE

PRESS RELEASE #05910

Subject : Police plan sobriety and driver’s license checkpoint

Contact : Sgt. Andrew Goodrich, Fullerton Police Department (714) 738-6838

Sylvia Palmer Mudrick, Public Information Coordinator, Fullerton City Manager’s Office (714) 738-6317

The Fullerton Police Department will conduct a sobriety and driver’s license checkpoint Friday, March 19, as part of its ongoing efforts to educate motorists on the dangers of drinking and driving.

The checkpoint will be held from 8 p.m.-2 a.m., and the location is not being announced, but will be on a major thoroughfare.

Motorists passing through the checkpoint will receive safe driving literature from Mothers Against Drunk Drivers (MADD), Community Services Programs Inc. and the state Office of Traffic Safety.

Sgt. Tak Kim, who is coordinating the checkpoint for the Police Department, said DUI checkpoints are a “proven method for achieving the department’s goal of increasing awareness as to the dangers of driving while impaired by either alcohol or drugs.

“Our objective is to send a clear message to those who are considering driving after consuming alcohol and/or drugs, and that message is ‘Drunk Driving: Over the limit, under arrest.’”

He said the checkpoint is also a good method for ensuring motorists are driving with valid licenses.

Kim added the department also encourages the public to do its part to keep roadways safe by reporting drivers they suspect to be under the influence of alcohol or drugs.

Funding for the checkpoint was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Further information about the checkpoint may be obtained by contacting the Fullerton Police Traffic Bureau at (714) 738-5313.

I have heard some interesting perspectives on DUI checkpoints that I hadn't considered before. Some think that giving up our freedom to move without unreasonable searches and seizures is justified if it means taking one drunk off the street. Others believe that they are great because unlicensed drivers, usually illegal aliens or poor people, get arrested and their cars impounded.

I always thought that a good cop could sit out side of a bar and stop one after the other for DUI with little effort; much like shooting fish in a barrel.  No major taskforce or traffic control was needed to bust these offenders. So, why pool resources in an area that may or may not have DUI drivers passing by? My guess is that it looks good to the residents if the PD is "trying" especially when the PD reports back to the council just how many cars are impounded.

If we are serious about protecting the public and not the headlines or revenue generated by these checkpoints, I think the city should pay back every penny of the grant money and only keep what is left. Otherwise, we have taxpayers throughout the country paying for a problem created by our own bars. We should not need state or federal subsidies to cover the expense of cleaning up a mess created by saturating our city with too many bar permits.

OC Sheriff Press Release - Superbowl Sunday DUI Roving Event

Taxpayer-Subsidized Dope

Think I’m kidding? Think again. Proposition 215 created an exemption for the use of marijuana for medical purposes. Here is the text of what we voted on:

"Proposition 215

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.

This initiative measure adds a section to the Health and Safety Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
PROPOSED LAW
SECTION 1. Section 11362.5 is added to the Health and Safety Code, to read:
11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b)(1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, ''primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
SEC. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable."

There are really only two sections which are affirmative. First, Section 1(b)(2)(c) exempts physicians from prosecution or other sanctions for recommending marijuana to a patient for medical purposes. The second important section is Section 1(b)(2)(d) which exempts those who possess marijuana for medical purposes of the patient who “possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.” (Emphasis added)

So anyone with any illness which might be relieved by the use of marijuana can grow, purchase, and use marijuana without fear of prosecution. I like the idea that a cancer patient or other sick person might find comfort through the use of any drug but I’m not so sure that ANY ILLNESS as the law notes is a good basis. All teens go through a period of anxiety while going through puberty. Since anxiety is suppressed with marijuana does that mean teens should all smoke a little dope to mellow out? I know a few parents who would gladly give their kids marijuana if it would make a positive difference. The problems, though, are many and using marijuana to cope with life situations is the same as getting drunk to deal with troubles at work. It is the same as using amphetamines to stay awake when your body needs to rest.  Of course we can trivialize marijuana use with graphics like these:

Aside from the obvious abuse of marijuana as a “medical necessity” we need to consider the impact of socialized healthcare, the use of this powerful drug, and who will pay for it all. Will our new and improved government provided medical care cover costs associated with marijuana? Imagine paying a special income tax to specifically cover marijuana for anyone with any illness…

Here is an excellent read on the violence behind legalized marijuan.