TABC remains unable to punish bars serving intoxicated patrons due to ruling

[TexasTowelie]

DALLAS -- Former Dallas Cowboys player Josh Brent and teammate, Jerry Brown were hanging out at Beamers Private Club in Dallas, also known as Privae, hours before the suspected DWI crash that killed Brown and left Brent facing intoxication manslaughter charges.

After the incident, the Texas Alcoholic Beverage Commission (TABC) launched an investigation. It issued a press release Friday, claiming it found "sufficient evidence" that employees sold alcohol to an intoxicated person and "promoted excessive consumption" by patrons that night.

Evidence, the TABC says, it can use to move forward with its investigation and possibly pull the club's permit, but it won't. According to the agency, it’s waiting until the "conclusion of the criminal case against Brent."

“If that bar continues to operate, they don't have any consequences for their actions. Are they still allowing those things to continue?” asked attorney Pete Schulte. “And, that's the concern.”

More at http://www.khou.com/news/texas-news/dallas-news/TABC-remains-unable-to-punish-bars-serving-intoxicated-patrons-due-to-ruling-218231801.html .

TABC rule §11.641 (c):
“...the cancellation of a permit, may not be imposed on the basis of a criminal prosecution in which the defendant was found not guilty, the criminal charges were dismissed, or there has not been final adjudication.”

[Gman]

1. That's fair. If the TABC could just do

What it thinks, there's all kinds of bad things that could happen to a bar on what amounts to a whim.

[MicaelS]

2. No sympathy for the TABC here.

The term "Jackbooted Fascists" comes to mind. Cases in point:

Texas police look in bars for signs of drunkenness

DALLAS — Undercover police are hanging out in North Texas bars and hauling off those they deem inebriated. No breath test required, just an officer’s observations.

The above was all part and parcel of the "TABC Operation Last Call" which the TABC was forced to back off on after the Texas Legislature smacked them down.

http://en.wikipedia.org/wiki/Texas_Alcoholic_Beverage_Commission#cite_note-3

In 2006, the Commission led Operation Last Call, in which persons in bars and other alcohol serving establishments were arrested for being intoxicated. Said Captain David Alexander, head of the Operation Last Call Task Force, "Going to a bar is not an opportunity to go get drunk...It's to have a good time, but not to get drunk."

TABC agents made national news for arresting customers in local hotel bars in the Dallas area. After national criticism the Texas Legislature quickly suspended the program last March pending more review.

Then there's the Rainbow Lounge raid, which was just an excuse to roust LGBT.

On June 28, 2009, TABC officers conducted a raid on the Rainbow Lounge, a gay bar in Fort Worth. Several customers were arrested for intoxication inside of the bar. One patron, Chad Gibson, was hospitalized due to injuries after beaten by officers, because he was intoxicated and unable to stand under his own power. Gibson spent several days in the hospital, receiving treatment for a blood clot in his brain. Accusations of unnecessary brutality led to a protest outside of the Tarrant County Courthouse. Fort Worth City Councilman Joel Burns appeared on CBS News stating, "Rest assured the people of Fort Worth, or the government of Fort Worth, will not tolerate discrimination against any of its citizens." An officer responded by stating that an "extremely intoxicated patron made sexually explicit movements," which warranted the arrests. Fort Worth Mayor Mike Moncrief has said, "It might have been helpful if the owner of the lounge had informed [officers] this day was more than just another day of the week. But at the same time, they have a job to do no matter what day of the week it is, and that job is to protect the public from people who have consumed too much alcohol."