Here's a brief update on the status of the comments I sent out to the Fairfax PD, etc... relating to the issue of alcohol enforcement "raids." Attached below are the response I received from Michael Vernak, Commander Reston District Station, and my comments back to him...

Michael,

Thank you for the email clarifying the events of the evening. Though I am still somewhat ill at ease with officials enforcing "public drunkeness" statutes within the confines of a bar or restaurant (regardless of their classification) without a direct request from the owner or patrons of the establishment, I appreciate that you took the time to thoroughly explain the position of the county and the participating enforcement agencies. Further, I can now understand the police actions as more than an indiscriminate holiday raid as was conveyed in the "generic" media reports.

On an aside, I wanted to let you know that it is refreshing to receive correspondence back from government officials (especially those whom my vote will likely ne'er effect). I find that all too often the comments and criticisms of the public fall on deaf ears when they reach "city hall," as bureaucracies and governments tend to be well insulated from the governed, and are at times less than forthcoming unless forced to be so by the glare of the media spotlight.

So again, thanks for the email and your correspondence. I appreciate that you took the time to respond to my comments.

John Mosko

> Your email concerning the Alcohol EnforcementDate: Mon, 13 Jan 2003 16:22:12 -0500
> "Vencak, Mike"
>Dear Sir:
>
>After a series of escalating violent incidents at a few establishments that serve alcohol in the Reston area, officers decided to implement an operation to combat the problem at its source. Police were repeatedly being called to the same few establishments as many as three times each night for alcohol-related problems such as large brawls (one involving over 60 people), assaults, disorderly persons and destruction of property. There was growing concern for the safety of patrons as well as the community as a whole. Prior to implementing any program of enforcement, a survey was conducted of all establishments serving alcohol in the Reston area in conjunction with the Virginia Department of Alcoholic Beverage Control and the Fairfax County Fire Marshals Office to develop a strategy. It was determined that those establishments to which officers were frequently called were the same ones with safety violations cited by those agencies.
>
> A joint operation was conducted on three evenings for six hours between December 8, 2002 and January 3, 2003 and during this time, officers in plain clothes visited as many as six establishments each night. The overwhelming majority of the establishments were in compliance with all laws; however, arrests were made in the same three establishments previously identified as non-compliant. A total of 12 arrests were made in those three establishments. Nine of those arrests were for persons who were drunk in public. The remaining three arrests were for drug-related charges and obstructing justice. The main purpose for enforcing alcohol-related laws in our community is to save lives. Being drunk in public has always been illegal in Virginia and this type of enforcement has been utilized for over 20 years. This is one component of a multi-faceted approach to solving alcohol-related crime which includes DWI checkpoints, roving patrols, underage alcohol sales stings, bar checks, and a large-scale education campaign.
>
>Virginia law designates establishments open to the public as public places, therefore law enforcement officers can enter these establishments to ensure public safety. If a person is deemed to be intoxicated, that person can be arrested for appearing drunk in public according to Virginia law. Contrary to some reports, police did not raid establishments dressed in SWAT gear, indiscriminately drag people off their barstools, force them outside and cart them to jail merely for having a cocktail. In fact, the nine persons arrested were identified as being heavily intoxicated. The lowest blood alcohol level detected was .14, which is almost twice that of the legal limit for driving. There is no established blood alcohol level for public intoxication, according to Virginia state law; intoxication is defined as "a condition in which a person has drunk enough alcoholic beverages to affect his manner, disposition, speech, muscular movement, general appearance or behavior."
>
>As a matter of legal obligation, law enforcement agencies are required to enforce laws related to alcohol use. The Fairfax County Police Department does not wish to stand by and treat the symptoms of alcohol use after an alcohol-related crash or death has occurred. Rather, we have proactively partnered with the Virginia Alcoholic Beverage Control and other regional law enforcement agencies to target the root causes of alcohol-related deaths. This is accomplished by enforcing the laws related to intoxication in public places, illegal purchasing of alcohol by underage persons, failure of merchants to adhere to legal requirements of the service of alcoholic beverages, and other crimes associated with alcohol consumption in public places.
>
>Unfortunately, during the last twenty years 8,346 Virginians lost their lives because of drinking and driving. During 2002, 62 people were killed in traffic crashes in Fairfax County and it is disturbing to note that 25% of these crashes were related to alcohol use. The cost in human lives, pain, suffering, medical and property damage is staggering. Four of the nine persons arrested in this operation for appearing drunk in public were arrested in their vehicles or as they approached their vehicles.
>The Fairfax County Police Department did not arbitrarily select alcohol establishments in the Herndon and Reston areas. The sites were selected based upon statistical data, calls for service related to alcohol violations, arrest data related to alcohol incidents (i.e., Driving While Intoxicated, Drunk in Public, assaults, etc.), crash data, and other reliable information regarding alcohol violations in and around these establishments. The enforcement of such laws is to clearly send a message to the community that we will not tolerate illegal use of alcohol, which is a major factor in creating deaths on our roadways and decreasing the quality of life in our neighborhoods.
>
>Lastly, our enforcement efforts have an educational component. The police department will be meeting with the managers and owners of all of the establishments where enforcement efforts took place. These meetings will be utilized to educate owners and managers about alcohol-related laws to prevent future violations of those laws.
>
>Captain Michael P. Vencak
>Commander, Reston District Station
>(703) 478-0904
>Email: Mike.Vencak@fairfaxcounty.gov
>

posted by JM at 2:30 PM