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What I'd be interested in knowing is exactly what they mean by "public intoxication." Because it just seems to me that if you go into a bar on a Saturday night, wouldn't you expect the patrons of that bar to have been drinking?
I posted the link to the statute. And, yes, they do arrest people for public intoxication - even in bars.
The Fort Worth Police Department has stepped up its presence all over downtown, writing tickets for public intoxication, driving under the influence, and other alcohol-related violations. The Texas Alcoholic Beverage Commission and the city fire marshal are also cracking down on violations of seldom-enforced laws regarding maximum occupancy and have even temporarily closed a couple of overcrowded bars, costing the owners a night's business and a hefty fine. Most of the citations written over the last few months involve the SoDo corridor on and around Houston Street, home to Bent Lounge, Aqua Lounge, Bar 9, The Library, and Rick O'Shea's Pub.
Pam's House Blend:: Stonewall commemoration at Fort Worth, TX gay club turns into police raid (http://www.pamshouseblend.com/diary/11770/stonewall-commemoration-at-fort-worth-tx-gay-club-turns-into-police-raid - broken link)
Quote:
She asked why they were there and he said a disgruntled employee had said that the bar was overserving people. She told him she had been drinking but that she had a designated driver. He told her that she was fine. She said they only arrested men and seemed to be targeting effeminate men.
One patron was reported to be slammed on the ground and is being hospitalized for bleeding in the brain.
I don't understand this. Why would you not expect to find an intoxicated person in a bar? Public intoxication, IMO, is when you are on city property. However, a bar is a private place.
BTW, the police usually use way too much force on anyone IMO. I think we've all seen the videos and read the reports where they have their knees in the necks of people they reign in even when the person is only disagreeing with them.
A lot of these guys are on a huge power trip and this sort of sh*t needs to be reigned in.
I highly doubt that the patrons of this gay bar were very threatening to these cops.
I don't understand this. Why would you not expect to find an intoxicated person in a bar? Public intoxication, IMO, is when you are on city property. However, a bar is a private place.
Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 25, eff. September 1, 2007.
Not to defend the cops actions.. but why were they raiding the place anyway.
Hmmm. Were they looking for gay sex acts or raiding it for drugs etc.
They were raiding it to see whether the bar and/or patrons were violating alcohol laws.
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