I thought you guys may be interested in the article below. It
caused a lot of discussion among the hash groups in DC.

ONON
Coin Operated



---------- Forwarded message ----------
Date: Thu, 16 Jan 2003 15:12:24 -0000
From: "Jay Mallard <jaymallard@...>" <jaymallard@...>
To: MVH3@yahoogroups.com
Subject: [MVH3] More on Police Harrassment in Fairfax.....

Arrests Inside Bars Leave Bitter Hangover in Fairfax
Taverns, Officials Assail Police Crackdown on Intoxication

By Carol Morello
Washington Post Staff Writer
Thursday, January 16, 2003; Page B04


It takes a lot for a bartender or a bouncer who has worked till
closing to make an 8 a.m. meeting.

But several dozen showed up yesterday, along with the restaurateurs
and tavern owners who employ them, to meet with Fairfax County
police
following a much-criticized Christmastime operation in which police
entered bars and arrested customers for public intoxication.

An agent for the Virginia Department of Alcohol and Beverage Control
Board listed a few ABC tips to determine drunkenness: The dangling,
unflicked cigarette ash; frequent trips to the restroom; loud
curses;
a wobbly walk; slurred speech.

The audience saved its applause until Mike Curtin, president of the
Restaurant Association of Metropolitan Washington, asked why the
training session came after the raids. "This meeting is about a
month
or two too late," he said. "It is our fervent hope that in the
future
we will work together to prevent the public embarrassment, public
outcry and loss of revenues that have come out of these operations."

The outcry was raised over a December operation in which
plainclothes
officers entered 20 bars in Reston and Herndon looking for
violations
of state liquor laws. In three establishments, the agents summoned
uniformed officers who arrested nine patrons for being drunk in
public, a Class 4 misdemeanor. In Virginia, bars and restaurants are
considered public places. Public intoxication is defined not by
blood
alcohol levels but by behavior and appearance.

In the two weeks since the arrests, Fairfax police have been
bombarded with questions and criticism.

The entire Herndon Town Council has complained about the tactic and
questioned why county police were raiding Herndon bars. Fairfax
Supervisor Catherine M. Hudgins (D-Hunter Mill), who represents the
Reston area, has asked police to explain their actions. Katherine K.
Hanley (D), chairman of the Board of Supervisors, said she
had "serious concerns" about a tactic that has won little community
support. Hanley said the sting was unlikely to be repeated.

Police say their tactics have been unfairly characterized. Police
Chief J. Thomas Manger alleged yesterday that an organized campaign
against police has been spread on the Internet.

"People think that customers were yanked off bar stools by SWAT
teams," he said. "That's untrue. What's true is that 18 people were
asked to do sobriety tests voluntarily [and] half of whom were
arrested. Public intoxication is against the law. You can't be drunk
in a bar."

Asked where one could get drunk, he replied, "At home. Or at someone
else's home, and stay there till you're not drunk."

Manger said police had done nothing improper. "If a patrol officer
observes someone violating the law, I don't know how I could ask him
not to enforce it," he said.

But several of the tavern owners and their customers contend that
police overreached.

"We don't want to see police officers coming in, tapping people on
the shoulder and giving them sobriety tests at the door," Jimmy
Cerrito, owner of Jimmy's Old Town Tavern in Herndon, told the Town
Council on Tuesday. Several of his customers were arrested, and the
ABC is investigating whether to fine him.

Several council members said they never want it to be repeated in
Herndon.

"It is the unanimous opinion of the council that police overstepped
their bounds and overreacted," said council member John M. De
Moyer. "It was improper behavior."

Council member Dennis D. Husch said police should have sought
cooperation by educating residents that it is illegal to be drunk in
a bar even with a designated driver.

"Fairfax County should investigate the circumstances that allowed
such a twisted application of the law, a reprimand of who was
involved to ensure it never happens again, and the issuing of a
formal apology to the citizens of Herndon," he said.

The police are not without supporters, however.

"In our view, law enforcement is doing its job," said Chuck Hurley,
an official with the National Transportation Council and former
national board member of Mothers Against Drunk Driving.

Hurley noted that the nine men arrested for being drunk in public
had
blood alcohol levels ranging from 0.14 to 0.22. The legal limit for
drivers is 0.08.

"That's not just a few drinks," Hurley said. "Nothing in the
Constitution says you're entitled to be intoxicated at these levels.
These are somewhat unusual tactics. But given the facts, I support
law enforcement. We consider Fairfax County police to be everyday
heroes."

Supervisors Hanley and Hudgins said they had received numerous
complaints about the raids. Last week, Hanley asked the county
executive to review the operation and report back to the board.

"Certainly, I have serious concerns about it," she said. "While it's
clear that police have to enforce all our laws, it's best done in a
way that has community support. And community support of this
particular method is clearly lacking. I think a review will show
this
particular method was not a success. And I am confident our police
department will recognize that."


© 2003 The Washington Post Company