I got back in Austin in time to attend the hearing on the arrests being made in bars for P.I. It was a very good committee and none of them were happy about what was going on. I had a chance to speak one on one with Mr. Steen, Chairman of TABC, for several minutes prior to the meeting. He seemed interested in what I had to say and even took some notes.
The meeting was scheduled for 2:00pm but began at 4:00pm. TABC officials presented their case first in what they said would take 20 minutes. With the hardline questions from the committee members it lasted 1 hr. and 50 mins.
Senator Whitmire ask what happened to the Designated Driver Program and they said thety only arrested people who were a danger to themselves or others.
Rep. Gehren said that leaves to much to the discretion of the officer. The lady responded that ask any drunk and they will tell you they just had two beers. You can’t trust a drunk.
Rep. Homer pointed out that DWI arrests had increased, not decreased since the .08 rule took effect.
Senator Whitmire, Chairman on the Senate side, looking straight at Terri and I asked “Do you have specific targets like Bikers?” they answered no. “How about Topless Bars?” Again no. He then stated “I would be very upset and very vocal if I found this to be the case.”
They said they target bars based on asking DWI arrests where they had gotten their last drink. Rep. Flores immediately told them you just said you can’t believe a drunk. Do you now trust them to get their favorite bar in trouble by telling you where they were?
Chairman Flores on the House side told them to “stop the program and the headlines will stop. Then we can look at this issue and see what can be done.”
I testified that I would never do a Dog and Pony Show for their pleasure. Furthermore I could not pass such a test and I don’t drink. How can refusing that test be cause for arrest? I reminded them that I had asked that officers be required to give a Breathalyzer or Blood test for PI and they had said it wasn’t necessary.
They said loud talking, staggering or leaning against the bar was cause for scrutiny. To that I explained my voice is always loud, my condition causes me to lean against things when oxygen levels drop and my hips give out after a short walk. I pointed out that they had all seen me walking very slowly and using the handrail in the capitol halls.
If I were observed like this in a bar then under the current guidelines I would be arrested for PI and they would have one hell of a lawsuit.
Terri had gone to film the hearing but was unable to get in a position to do so. It was a packed house with an overflow room and people in the halls. After I testified against the action Terri and I walked out and a man ran all the way to elevator to tell us “That was the best testimony I have ever heard. Thank you for being here today.” I told him I try to be there any time there is an important hearing and he said “God Bless you.”
Over all it was a very good hearing and I believe we can rest assured that if this type operation is initiated again there will be some strict guidelines to be followed and heads will roll when they aren’t followed uniformly by all agents. There were simply too many instances where the response to a question was “I’m not aware of anything like that.” That response didn’t satisfy the legislators.
You could contact the House Chair Rep. Kino Flores’ office at 512-463-0704 and Senate Chair John Whitmire’s office at 512-453-0115.
Tell them to tighten up the TABC public intoxication regulations with legislation during the next session and to put a stop to the stings until specific guidelines easily understandable by regular citizens are in place by law. Give us some relief from these indefensible arrests.
Ride Free – Ride Sober
Sputnik
