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.

New "After-Hours" Night Club Coming to Fullerton

How often do you go to the City of Fullerton website and review the public notices?  Go to the City's Home Page and in the lower left corner is a link to Public Notices. 

In the latest batch I found a notice regarding the establishment of a new "after-hours" night club at the Howard Johnson Hotel and Conference Center", formerly the "Wyndham Anaheim Park Hotel" off of Houston just West of Harbor Boulevard.  This might very well be the best location to have a night club considering the conveniently located rooms for rent with plenty of overnight private parking for patrons.

The other notices include impound fees, public works requests for bids and proposals, the DCCSP Selection Committee (of which I am a part), and the Water Rate Study.

Passenger Admits To Drinking In Downtown Fullerton Moments Before Fatal Crash

The Orange County Sheriff's Department is using the words of a passenger involved in a fatal crash in Fullerton to point out the dangers of drunk driving. 

The Orange County Register reported on the crash on December 22, 2010.  The article states that the unidentified passenger admitted he and the driver, now identified as 22-year old Ryan Rivera, had been drinking in Downtown Fullerton.

As the OC Coroner waits for the toxicology report there is the usual rhetoric and sentiment that thankfully only the drunk was killed.  The incident unfortunately just adds fuel for those who would like nothing more than to shut down the the Downtown Fullerton bars. 

What should happen (but likely won't) is for the servers to be held responsible for over serving patrons.  On any given night a watchful eye can witness the drunks stumbling out of the bars, some even being carried out by friends. 

The Fullerton Police Department and the Alcohol Beverage Council (ABC) should have tackled this problem years ago.

I believe these sad deaths represent numerous failures in our broken community:

• The patrons fail to recognize their bodily limits and take responsibility. 
• Servers look the other way and continue to serve those clearly and visibly impaired.
• Police continue to set up checkpoints rather than targeting the source.
• The ABC is nowhere to be found. 
• Citizens, residents, business owners, parents, patrons, and public officials have failed to come together to address binge drinking and drunk driving. 

It's time for City Hall to wake up. 

Another OC Sheriff's Press Release (Ok, this is getting silly!)

SHERIFF-CORONER DEPARTMENT

COUNTY OF ORANGE

CALIFORNIA

550 NORTH FLOWER STREET

– P.O. BOX 449

SANTA ANA, CA 92702-0449

(714) 647-7042

PRESS RELEASE

WINTER HOLIDAY AVOID CAMPAIGN – TUESDAY UPDATE

The Winter Holiday Anti-DUI crackdown has continued to result in a significant number of DUI arrests from local routine traffic enforcement and special Avoid the 38 DUI deployments in Orange County.

From 12:01 AM Friday December 17, 2010 through Midnight Monday, December 20, 2010, preliminary numbers show that officers representing Orange County law enforcement agencies have arrested 138 individuals for driving under the influence of alcohol or drugs.

For Tuesday December 21st there are no special Avoid Task Force operations scheduled. All regularly scheduled traffic and patrol officers will continue to focus their efforts on stopping and arresting DUI drivers during their normal shifts.

Police, Sheriff and the CHP encourage all motorists to help make your community safer: Report Drunk Drivers – Call 911. Funding for this program is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

DUI arrest data collection will continue through New Year’s Weekend, midnight Sunday, January 2, 2011.

MEDIA NOTE: Daily statistical data is preliminary and subject to change. The checkpoint locations and saturation patrols will be made available for media opportunities or ride-alongs each night.

For information on the current operations, contact the Orange County Sheriff Department’s Public Affairs office at 714-647-7042.

Please visit the AVOID website at www.californiaavoid.org for information on the campaign’s DUI Enforcement

OC Sheriff Press Release: More Checkpoints

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           December 20, 2010

WINTER HOLIDAY AVOID CAMPAIGN – MONDAY UPDATE

The Winter Holiday Anti-DUI crackdown has continued to result in a significant number of DUI arrests from local routine traffic enforcement and special Avoid the 38 DUI deployments in Orange County.

From 12:01 AM Friday December 17, 2010 through Midnight Sunday, December 19, 2010, preliminary numbers show that officers representing Orange County law enforcement agencies have arrested 121 individuals for driving under the influence of alcohol or drugs.

For Monday December 20th, the city of Cypress will be conducting a DUI Roving patrol. All regularly scheduled traffic and patrol officers will continue to focus their efforts on stopping and arresting DUI drivers during their normal shifts.

Police, Sheriff and the CHP encourage all motorists to help make your community safer: Report Drunk Drivers – Call 911. Funding for this program is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

DUI arrest data collection will continue through New Year’s Weekend, midnight Sunday, January 2, 2011.

MEDIA NOTE: Daily statistical data is preliminary and subject to change. The checkpoint locations and saturation patrols will be made available for media opportunities or ride-alongs each night.

For information on the current operations, contact the Orange County Sheriff Department’s Public Affairs office at 714-647-7042.

Please visit the AVOID website at www.californiaavoid.org for information on the campaign’s DUI Enforcement operations or statistical data on DUI arrests and DUI fatal crashes from earlier enforcement efforts.



OC Sheriff Update on DUI Checkpoints and Statistics

 

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                   December 19, 2010

WINTER HOLIDAY AVOID CAMPAIGN – SUNDAY UPDATE

The Winter Holiday Anti-DUI crackdown continued to result in a significant number of DUI arrests from local routine traffic enforcement and special Avoid the 38 DUI deployments overnight in Orange County.

From 12:01 AM Friday December 17, 2010 through Midnight Saturday, December 18, 2010, preliminary numbers show that officers representing Orange County law enforcement agencies have arrested 48 individuals for driving under the influence of alcohol or drugs.

Sadly, two DUI related deaths were reported by the Buena Park Police Department. A 44 year-old father and his 17 year-old son were on their way to a school event early Saturday morning when a suspected drunk drivers vehicle collided with theirs. Both the father and his son were pronounced dead at the scene. The suspected drunk driver was arrested upon his release from the hospital. He is being held on suspicion of two counts of vehicular manslaughter.

For Sunday December 19th, the city of La Habra will be conducting a DUI Roving patrol. All regularly scheduled traffic and patrol officers from all agencies will focus their efforts on stopping and arresting DUI drivers during their normal shifts.

Police, Sheriff and the CHP encourage all motorists to help make your community safer: Report Drunk Drivers – Call 911. Funding for this program is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

DUI arrest data collection will continue through New Year’s Weekend, midnight Sunday, January 2, 2011.

MEDIA NOTE: Daily statistical data is preliminary and subject to change. The checkpoint locations and saturation patrols will be made available for media opportunities or ride-alongs each night. For information on the current operations, contact the Orange County Sheriff Department’s Media Relations office at 714-647-7042.

Please visit the AVOID website at http://www.californiaavoid.org/ for information on the campaign’s DUI Enforcement operations or statistical data on DUI arrests and DUI fatal crashes from earlier enforcement efforts.

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

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.