Aug 24, 2009 10:00 pm US/Central
Concerns Raised Over Expanded Role Of TABC Agents
FORT WORTH (CBS 11 / TXA 21) ―
The Texas Alcoholic Beverage Commission (TABC) is facing another controversy. Three TABC agents shot a man last week in Austin after a police chase and investigations are still underway in Fort Worth, surrounding a raid that left one patron injured.
The TABC is supposed to protect the public safety as it relates to alcohol. But a CBS 11 News investigation finds that the agency has morphed from one that inspects bars and checks liquor licenses to one that is now using force to arrest people.
On May 8th, Jonathan Mark Glaser was inside a downtown Dallas nightclub called The Bank, when he says a TABC agent approached him. According to Glaser, "They grabbed me and said 'I need to speak to you'. I said I don't have to go anywhere with you."
Glaser claims he pulled away from the agent and then, "They threw me against the bar and immediately handcuffed me and walked us out." According to Glaser, he was never read his rights, never asked him for identification and didn't do a sobriety test.
According to the TABC report, Glaser was involved in a "disturbance" and identified by "club employees". Agents say Glaser was intoxicated, but Glaser says he wasn't. Once outside, Glaser said his wrists were bruised and bleeding from the tight handcuffs. He claims that when he asked that the handcuffs be loosened, the agent complied and then according to Glaser, "He immediately tightened the cuffs. And said you are on my time. My call."
TABC agents took Glaser to the Dallas County Jail, where he remained overnight. According to the TABC report, Glaser was arrested for public intoxication.
State Representative Lon Burnam, of Fort Worth, is concerned about the way TABC has expanded its role. "Their role is not to interact with patrons. Their role is to regulate an industry and they haven't done a particularly good job of regulating the industry according to the complaints I heard in the last month," he said.
CBS 11 News reviewed reports where TABC agents used force against a citizen. In the last 18 months, agents used force in more than 50 instances, statewide. TABC official's claim that's a small number, given it made more than 1,900 arrests during the same period. But some feel the agency is letting agents go beyond the scope of inspecting bars. "I think these guys have stepped over in the wrong side of the line to being abusive on any number of occasions," said Burnam.
Records CBS 11 News reviewed show TABC agents:
· Conducting surveillance for narcotic activity.
· Monitoring local police radios and responding to violent calls and deploying their personal shot guns and rifles, sometimes to back up local police on calls unrelated to alcoholic beverages.
· Responding to a domestic disturbance
· Assisting a game warden on an area lake
Agents sometimes identify themselves as the state police, even though Texas abolished the state police in the year 1873. TABC officials told CBS 11 News; their agents are equivalent to Department of Public Safety State Troopers and can enforce state and federal laws anywhere in the state. Representative Burnam feels differently. "I think there is something of a 'Rambo' mentality on the part of a number of the agents in the field," he said.
In June, a raid on the Rainbow Lounge in Fort Worth resulted in the arrest of bar patron, Chad Gibson for public intoxication. Gibson was injured in the raid and ended up in the hospital with bleeding on the brain. The use of force at the Rainbow Lounge is still under review. But, TABC's own internal investigation found agents violated 19 policies that night - including wearing a state police type uniform without approval, failing to report the use of force against Gibson and failing to report Gibson was injured.
The Rainbow Lounge raid brought the TABC under scrutiny. A CBS 11 News review of TABC's own reports show agents using the very vague public intoxication law to make other arrests. The law is violated if a person is a danger to themselves or others. Reports show agents often make arrests based on a person's bloodshot eyes, slurred speech and the smell of alcohol on their breath. Agents rarely use a field sobriety test to measure intoxication. In one case, agents stopped a Dallas man for walking in a roadway. They measured his blood alcohol concentration at .067, which is under the legal limit for DWI (Driving While Intoxicated). The man was arrested and taken to jail. The charge was public intoxication.
A DWI charge is what Glaser is facing, but he has decided to fight it. "I had nothing to hide and wasn't doing anything wrong."
TABC reports reviewed by CBS 11 News are filled with errors and inaccuracies. For example, one agent was unable to cite the correct statute when making an arrest. TABC administrator Alan Steen refused to do an on-camera interview for this story. In a statement, Steen said the agency has enhanced use of force training and updated use of force policies. Governor Rick Perry says he has confidence in Steen and that it's too early to make any judgments. "Anytime you get a use of force incident you are always concerned about it," the governor said.
No agents were disciplined for any of the actions mentioned in this story. The TABC points out, agents are authorized, by policy, to use personally owned firearms.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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