Wal-Mart’s Age Verification Policy

I’m going to go on a little rant about Wal-Mart. This rant is not directed at “Mega-Corporations”, nor is it intended to be anti-capitalism like so many other Wal-Mart musings are.

Instead, I want to talk about their policy on ID Verification for Alcohol Purchases.

I was in Wal-Mart on Saturday purchasing a lawn mower (I can hear all those gasps at the prospect of me doing manual labor), and I happened to pick up a 4 pack of Sixth Glass (Reviewed HERE).

I proceeded to the checkout, only to find 6 lanes open throughout the entire store and at least 5 customers in each of these lines.

While waiting in line (longer in line than I spent shopping), I noticed something interesting. Every person in front of me also was purchasing alcohol, and the cashier was checking everyone’s ID.

When it was my turn, she also asked me for ID, and I noticed the register asking “Does Customer Appear over 40?”

40? Really? Almost twice the legal age to purchase alcohol?

When I queried the cashier, she rolled her eyes and said it was a stupid policy that everyone complains about, yet you could tell that she knew if she didn’t check, she would loose her job. I get it. She is caught in a rough situation, and would rather be employed.

My complaint wasn’t with her, so I thanked her and went upon my way. Instead, when I got home, I exercised the right of every consumer…..I called the Manager.

Wal-Mart conveniently prints the Manager’s Name and Phone Number at the top of every receipt, so I felt I wasn’t over stepping any boundaries.

My call was routed to the Assistant Manager on Duty – “Jack”.

I outlined my frustrations as such-

• Long lines and no additional cashiers
• Questioned the Policy on IDing everyone who “Looks” under 40
• Highlighted that everyone in my line was ID’ed, even though NONE of us looked under 40 (one looked old enough to be my Mom…I kid you not).

I could immediately tell that Jack was out of his element, especially when I started asking him about Corp Policy, and I could hear him searching online to find it (but he didn’t know it himself.

Ultimately, he was able to locate and read it to me…..but it seems at Wal-Mart, there is a policy against emailing outside the company (even Managers and Assistant Managers).

The policy he quoted was dated Sept 30, 2010 and was very similar to this earlier version I found on the web.

"Effective 03/20/08 All customers appearing to be under the age of 40 will be asked to provide proof of age by showing proper id. Customers under legal age or without proper id, will not be permitted to alcohol or tobacco products. This change in Wal-Mart policy is an effort on our part to restrict the availability of these products to minors."

Jack did offer to print and mail to me, or I could pick it up later. I almost wish I had (more on that later).

We then had a long conversation regarding my concerns.

Regarding the long lines – Staffing at this particular Wal-Mart has been difficult and they just can’t get enough people? <Ed Note> Really? I called BS. With this economy, they should have people applying out the door. I believe they are either being cheap or have set their standards to high.

As for the Age Verification Policy, Jack agreed that “the policy was stupid” and that requiring the customer to appear below 40 was “A bit of a stretch”. He stated that he disagreed with the policy himself, and didn’t understand why you had to appear over 40 at Wal-Mart, but at Sam’s the age was 27. <Ed Note> I appreciated Jack’s candidness, and I challenged him to take this complaint up through his chain of command. As a manager, it is his job to be the voice of the customers to the Corp Entities who make policies that are not practical.

As we finished the call, Jack said the Manager would be in Monday around 6AM, and that he would leave him a note to call me.

Come Monday, I waited until 11AM before I called the store again myself. The Manager was unavailable (he was in a meeting), so I left a message to please call me. Again at 1:00, I called and left a message (this time he was out touring the store). In the end, it was 1:30 before he called me back, and even then….he really had no idea why I was calling.

I again outlined all of the above, and while sympathetic….this time, I could tell I had gotten hold of a company man.

It is against Wal-Mart’s policy to provide or disclose internal operation procedures (I wish I would have gone in and gotten it Saturday).

While the Age Verification is not State Law, it is Wal-Mart’s policy. The Manager would take it upon himself to visit the cashier’s station and observe the procedure firsthand (he didn’t know what it was?) and communicate back to the home office my complaint.

In the end, it was apparent that this manger could care less. So after having my say…..I have now resolved that purchasing alcohol at Wal-Mart is off the Agenda. From now on, even if it is easier….I will got to HyVee, Moser’s, Arena Liquor or Nostalgia Shop. At least there, I am not treated like a criminal for doing something completely legal.

What do you think? Please post below in the comments section your opinions our experiences. I would love to read them.

Don’t go Kung Fu Fighting in the Isle of Wight

Political Correctness. I hate those words.

Today, PC has taken control, and while 99% of the population think it has run it’s course and become a hassle, sadly there are laws all over the world that now enforce it.

Case in Point – Enter Simon Ledger, pub singer in the Isle of Wight, who was singing “Kung-Fu Fighting” and was arrested for offending two Chinese people who were walking PAST the pub. Two people who were offended by a snippet of a song that they heard as they were walking down a boardwalk.

At least Mr. Ledger has sense of humor for posting the following on his FB page-

"If the lad who phoned the police is reading this, WHAT IS WONG WITH YOU? Sorry, what is wrong with you?"

Of course, that is until he gets further charges against him.

Check out the story after the video and chime in your opinion in the comments section. Do you think Political Correctness has gone to far? What’s next, banning Hong Kong Phooey?

Nicked for singing Kung Fu Fighting in front of Chinese pair

A PUB singer was arrested for alleged "racism" after belting out the chart hit Kung Fu Fighting as two Chinese people walked past.

One of them complained to cops, who later nicked stunned Simon Ledger - in a Chinese restaurant.

Simon, 34, often performs the song in Sandown, Isle of Wight. He said: "I hadn't even seen these two."

Now he fears he could get a criminal record.

Cops sprang into action and arrested Simon despite the fact that he regularly features the 1974 No1 in his act at a seaside pub.

Simon, who has performed on TV with Michael Barrymore, was doing a spot with a pal at the town's Driftwood Beach Bar on Sunday afternoon.

All went well until he began the Carl Douglas disco classic, with its famous Chinese-sounding riff.

Simon said: "We were performing Kung Fu Fighting, as we do during all our sets. People of all races were loving it. Chinese people have never been offended by it before.

"But this lad walking past with his mum called us w*****s and did the hand sign before taking a picture on his mobile phone.

"We hadn't even seen them when we started the song. He must have phoned the police.

"They phoned me when I was in a Chinese restaurant that night. They arranged to meet me and I was arrested.

"I thought it was a joke but they were serious. They seemed pretty amazed but said the law is the law and it was their duty. It's political correctness gone potty."

Simon added: "There are plenty of Welsh people at our shows - does it mean I can't play any Tom Jones?"

Bar owner Sean Ware said: "The song is in no way racist and nor is Simon. There is no way he would abuse anyone.

"He didn't start the song just because Chinese people were walking past. He had already started playing it."

Simon, who is on bail until today, wrote on Facebook: "If the lad who phoned the police is reading this, WHAT IS WONG WITH YOU? Sorry, what is wrong with you?"

A police spokesman said a 32-year-old man of Chinese origin had claimed he was subjected to racial abuse.

He added: "Police are investigating an allegation of racially-aggravated harassment. A man from Shanklin was arrested on suspicion."

Md. AG goes after Blast and Colt .45

Md. Attorney General Doug Gansler Wants Blast by Colt 45 Alcoholic Drink Taken Off Market: MyFoxDC.com

Here we go again. As we blogged before (HERE), the Government is trying to step in and stop what consumers can legally purchased.

If you’re going to be arrested, do it in style

PC Man Lights Cigar, Sticks Around After DWI Accident

A Port Chester man didn't flee like most others after a drunk-driving accident this morning on Willett Avenue.

Instead, he climbed out of his car, lit a cigar, and greeted a responding officer warmly when police arrived at 12:05 a.m. The officer asked Mattiello what happened, but the 48-year-old Port Chester man was mumbling, as well as unsteady on his feet.

According to the other driver, Mattiello had crossed the double yellow line as both drivers were heading east on Willett Avenue. The other driver didn't realize Mattiello was trying to pass, and the cars collided when the driver began to make a left turn, Lt. James Ladeairous said.

Diogene Mattiello, 48, of 54 Leonard St., was charged with misdemeanor driving while intoxicated. Neither driver was injured in the collision.

Doesn’t anyone proofread anymore?

I make mistakes in spelling and grammar.  Everyone does (except Debi…just ask her), but today’s headline in the News Observer is pretty glaring.

I’ve placed a screenshot below, because eventually someone at the paper will realize their error and change it. 

Look out for Drunk Drinking…….it’s a madhouse…..A MADHOUSE!

 

http://www.newsobserver.com/2011/03/14/1053426/nc-safety-officials-warn-against.html

This is what happens when you ban smoking in bars….

Seriously…the evil eye has been cast on smoking, and it’s no small wonder things like this happen.  People are not always going to go outside to smoke, and if you give them no alternative (ie, a unilateral smoking ban vs letting the business owner decide) they will take matters in their own hands.  Considering how tightly wrapped people are and how confrontational they have become…I could see this being a powder keg.

 

Cops: Bathroom smoking incident leads to stabbing

A man was charged with stabbing a security guard after he and his girlfriend were caught smoking in the bathroom of a west suburban Naperville bar early this morning.

At 1:32 a.m., Naperville police were called to 16 Jefferson Avenue after a report of a stabbing, according to a release from police. Blackfinn American Saloon is located at that address, according to an online directory and the police news release.

According to the report, the incident began when Adam Hearn, 31, and his girlfriend Kelly Cihlar, 25, had been caught smoking a cigarette in the bathroom, and the bar's security staff asked the couple to smoke outside.

Hearn then allegedly became verbally abusive, according to police, and the couple was asked to leave. As the couple was being escorted out of the bar, a fight broke out between Hearn and a security guard, police said, and Hearn pulled out a knife and stabbed a security guard in the abdomen. Other security guards then subdued Hearn until police were able to arrive, the release said.

The security guard was treated on the scene and then taken to Edward Hospital where he underwent surgery for his injuries, the release said. Police did not give a condition for the guard.

Hearn, of the 900 block of South Main Street in Lombard, is charged with aggravated battery with a weapon, aggravated battery with great bodily harm, and possession of a weapon by a felon, all Class 3 felonies.

Cihlar, of the 2700 block of Mohawk Avenue in Woodridge, was also arrested and charged with obstruction of a police officer, resisting arrest, battery, possession of drug paraphernalia and possession of cannabis.

Dear Legislatures- Can I have my $38 in Cigars?

These are the stories that really drive me nuts.  In it, we learn that the Missouri Foundation for Health is issuing (close to) $2Mill to conduct a survey targeting 52K Missourians.  This works out to $38 per person harassed (I would love to know the dropped call ratio on their telephonic survey), for a survey that was also conducted 4 years ago in 2007, for a survey on a subject the Surgeon General has already deemed unhealthy and is generally accepted as such across America.  People are going to smoke (at least until it is made illegal, then we will SURELY all quit), we take a risk when we do…and we are reminded of it constantly.  Just as skydivers know there is a chance their chute won’t open….I know there is a chance I might become terminally ill when I partake in a cigar.  I don’t need to see results of a $2Million survey (I couldn’t find the 2007 Survey on their website) to tell me this…I’m a product of public education and I can read and I can also make my own decisions. 

Further reading on their site shows there was a Tobacco Prevention and Cessation Initiative from 2004-2009, a funding program that divvied up $23.9 Million in 78 Grants.  Holy Cow, that’s a lot of money.  A lot of that money comes from Sin Taxes on Tobacco, and there are some interesting stats located on the site as well

• Missouri ranks 2^nd to last in state funding of tobacco control programs.
• Missouri ranks 49^th in tobacco excise tax – 17 cents/pack compared to national average of $1.17.
• Missouri has one of the highest smoking rates in the nation; more than 24% of adults smoke compared to 20% nationally
• The state’s lung cancer death rate still remains high despite a significant decrease in the national rate.

Of course, there is no citation included with the above stats (hey, even I do citation from time to time) and I find them somewhat skewed.  The first two go hand in hand….but I would like know if this takes the statistical anomaly of population dispersion into account?  If you have a lot of people in NY buying High Tax smokes…you generate revenue.  Likewise, where does Missouri fit with Smoking Rates in the Nation…they just say “One of the Highest” at 24%, compared to 20% Nationally…4% makes that much of a difference?  Finally, I wonder if they are using statistics like MADD does (I highly recommend this READ), where ALL lung cancer deaths are attributed to smoking…even though it is a leading cause, not the ONLY cause.

Oh well, below is the story that started this rant.  I realize these Health Initiatives are Sexy and that there is little you can do to stop Congressmen and Senators from promoting these laws.  I just hope the Government gets off MY tit sometime with funding this crap.  Like I said, give me my $38 back in Cigars.

$2 Million Study Examines Tobacco Use in Missouri

ST. LOUIS, MISSOURI (kcur) - The Missouri Foundation for Health is providing close to $2 million dollars to fund a state-wide survey of tobacco use and its health effects. The largest adult health study ever conducted in the state will reach more than 52,000 Missourians.
The year-long study is a follow-up to a similar one conducted in 2007.
Missouri Foundation for Health program officer Matthew Kuhlenbeck says the telephone survey will cover not just tobacco use, but community demographics, access to health care, physical activity, and nutrition.
"And it really provides us an opportunity to better understand each county, as well as the factors that are affecting the health of each county," says Kuhlenbeck.
Kuhlenbeck says the information gathered in the survey will be used to assess whether community-level efforts like smoking bans and awareness programs, are reducing tobacco use and the health problems it causes.

3 Stories in the news

Wow, today has been a Smokes and Booze News Day, that is for sure.

Two of the stories actually highlight the stupid laws on the books, which is particularly sad given THIS recent story out of Mass.

In Great Neck NY, you can get a $1000 fine for smoking on the sidewalk.  $1000 for smoking?  Are you Serious?  This is a worse fine than reckless driving or driving uninsured. 

Meanwhile, in Maryland….they want to impose a DIME a drink at Bars, Pubs and Resturants, PLUS a 60 cent raise on 6packs and bottles of wine to raise $215 Million in revenue.  Considering that 44% of Marylanders (their numbers) do not drink, this is taking sin tax to the extreme. 

Finally, this story shows that Britain “get’s it’-

Police and councillors in Essex are considering the unusual move as a way of tackling the issue of anti-social drinkers who gather in the historic town centre.

The so-called "wet-zone" would allow problem drinkers to be given somewhere where they are free to consume alcohol without fear of being moved on by police, but away from shoppers and tourists. READ MORE HERE

Tobacco vs Politics…which is more dangerous?

Ok, the following actor is not mainstream (he’s Bollywood), but he does bring up a good point….one that I somewhat agree with, but I disagree with the motivation.

You see, far to often, Hollywood (Bollywood/Actors and Athletes in general) think they know what is best for everyone.  Their way is right, and no matter what you think….if it isn’t in line with their core beliefs (or what their handler tells them), you are an idiot.

In this case, Sanjay Dutt has decided to quit endorsing tobacco products after he has realized “that young and impressionable minds can be influenced adversely through these brand promotions.”

While commendable, will Mr. Dutt also abstain from making any political announcements, displays of lifestyle (sexual preference) choices or quit wearing the designer clothing he is given to act as promotional items?  All of these can have an adverse affect on someone (even clothing, as kids are still being killed for their designer shoes).

Celebrities have no additional insight to the running of the world, instead they listen to their handlers/agents and make the majority of their decisions based on PR moves and selling seats at movies, tickets to games and/or records.  It’s all about the money, vs the love of doing it.

I could be wrong about Mr. Dutt, but I doubt it….I feel he wants a better image and to keep his name in the headlines, especially with one film completed and two in filming at the time of this release.

 

Sanjay Dutt to stop endorsing tobacco products

Press Trust of India

Wednesday, January 05, 2011 (Mumbai)

Bollywood actor Sanjay Dutt has decided against endorsing gutka brands and tobacco products, saying he realised that young and impressionable minds can be influenced adversely through these brand promotions.
Sources close to the actor said Dutt had read newspaper reports about doctors asking him to stop endorsing gutka products in a letter.
"He had not received any such letter. But, he made up his mind to do so. He will not renew his contract with the gutka brand," they said.
According to the sources, Dutt is also trying to quit smoking.
"He would like to set an example for his kids. He has decided to stop using and endorsing products that are considered bad for health. However, all this will happen slowly, as there is also his existing contract with the gutka company to consider," they said.
"The actor has realised that young and impressionable minds can be influenced adversely through these brand promotions. He is planning to take corrective measures soon," they added.
Doctors organisations had last week written a letter to the actor asking him to stop endorsing gutka and tobacco.
The letter said the actor had witnessed pain of cancer in his family and hence should disassociate himself from addictive and lethal substances.
The doctors had reminded the actor of his influence on young impressionable minds and also urged him to consider his late father Sunil Dutt's campaign against cancer.
Meanwhile, city doctors have welcomed Dutt's positive response to their request.
"It means a lot to us that he has been influenced by our campaign. We hope more and more people are motivated to kick the tobacco habit," said Dr Pankaj Chaturvedi, associate professor, head and neck cancer department, Tata Memorial hospital.

Read more at: http://movies.ndtv.com/movie_story.aspx?section=Movies&Id=ENTEN20110165565&keyword=bollywood&subcatg=MOVIESINDIA&nid=77136&cp

I never thought I would see this happen in Mass.

Finally, a state woke up.  I’ve written about Sin Taxes before (HERE and HERE), but I never thought I would be writing because someone woke up……and I really never thought it would be in Tax-a-chusetts.  But I have been proven wrong.

I particularly love the woman (who doesn’t drink that often) who voted to repeal, yet is now having second thoughts wondering who is going to pay for all the social programs.  In other words, it’s ok to bend others over to fund social programs…as long as it’s not me.

Congrats to Mass. on taking a step away from socialism…..and enjoy the booze

Cheers

New Year’s Day marked the end of the sales tax on beer, wine and alcohol in Massachusetts.

For some Central Massachusetts imbibers, it was not the money that bothered them, but the principle of the sales tax on alcoholic beverages, which ended yesterday.
“It was a double tax,” said Ron Mason of Rutland. He and his wife, Angie Mason, voted in the November election to repeal the 6.25 percent sales tax that was imposed by the state a year ago. Mrs. Mason said she liked the idea of buying wine and not being charged an extra tax. Since alcohol imported into the state is subject to an excise tax under state law, the additional 6.25 percent was perceived as a double tax.
“Another good reason for us is her son is a salesman for booze. His commission started going down because sales went down,” added Mr. Mason.
New Year’s Day marked the end of the sales tax on beer, wine and alcohol in Massachusetts. The Legislature increased the sales tax from 5 percent to 6.25 percent in July 2009, and eliminated the exemption for alcohol sold in liquor stores.
“I love it,” said Danielle Davis of Worcester. She stopped by East Side Discount Liquor on Shrewsbury Street in Worcester yesterday afternoon to purchase some Newcastle beer, and was happy not to have to pay the sales tax.
Sandy Yesket and Miguel Diaz were on duty as cashiers at the liquor store Friday and yesterday. Ms. Yesket, a cashier at the store for 15 years, said some customers on Friday wanted to put liquor on hold until Sunday.
“There’s no sales tax today, is there?” Ms. Yesket said she was frequently asked yesterday. She said she was happy to assure them the sales tax was history.
Ms. Yesket voted to repeal the sales tax, but Mr. Diaz voted not to.
“I don’t really buy a lot of liquor, but I voted because of the principle,” Ms. Yesket said. “But now I’m a little worried; I wonder where the money is going to come from (to pay for state-funded programs).”
Mr. Diaz said he voted against removing the tax because he was worried about the state losing necessary social programs. State legislators have estimated that the 6.25 percent sales tax generated about $100 million in revenue for the state. He said customers have been asking about the repeal since the election.
“Everyone was coming in and wondering when — and if — it was going to happen,” Mr. Diaz said. “The big complaint was that it was a double tax.”
The Massachusetts Package Stores Association urged voters prior to the election to vote to repeal the sales tax. Frank Anzalotti, executive director of the association, said liquor retailers are celebrating because many Massachusetts residents traveled out of state to purchase liquor to avoid paying the tax.
“Package store owners across the state are indebted to their customers and to the voters of Massachusetts for their support of the repeal of the double tax on alcohol,” Mr. Anzalotti said in a news release.
Michael P. Astukewicz, assistant manager at Yankee Spirits in Sturbridge, said he hopes the tax repeal will bring back the store’s Connecticut customers. The store was busier Sunday afternoon than expected.
“Liquor stores near New Hampshire suffered the most,” Mr. Astukewicz said. “But we definitely did lose business to Connecticut.”
Repeal of the sales tax at liquor stores does not affect the sale of alcohol at restaurants.

Read more: http://www.telegram.com/article/20110102/NEWS/101020470/1101/local#ixzz19tcMwwr7

……and in Texas

Well, this seems to be becoming a common trend.  Just as I earlier pointed out in Florida, they are also doing the “No Refusal” DUI stops in Texas.

What I find particularly amusing is that these only took place on Weekends.  So does that mean that weekday DUI stops are not as important?  I personally think it is so the Judge who has to be on-site (plus the cops) can then make more money on overtime.

What a waste.  IMO, DUI stops are unconstitutional (there is no probable cause to stop everyone….so illegal search) and the fact that MADD sponsors or “assists” in these shows that this is really fringe organizations taking over public service (nobody pays attention to this, yet if a group get together and form a militia…the media is all over it).  For an interesting read on MADD and how the operate/skew statistics….skip over to Modern Drunkard Magazine (and how could you not love a smoking and drinking monkey in a fez?).

Here is the article from Texas.  It should be retitled- You can’t kill our Cash Cow.

'No Refusal' Weekend Program To Exist Year-Round

SAN ANTONIO -- Bexar County District Attorney Susan Reed announced plans this week to extend "No Refusal" weekends to every weekend in 2011 as opposed to certain holiday weekends, like New Year's and the Fourth of July.

The move to extend the program drew positive words from Mothers Against Drunk Driving.

"We're pretty excited about that," said Daniel Garza, youth program specialist with MADD. "It was a great pleasure to hear that this morning that law enforcement is going to get another good tool to be able to combat drunk driving here in San Antonio."

With an estimated 6,000 drunken driving arrests in Bexar county for 2010, MADD feels the program will cut down on arrests in 2011.

"When they're announced and everyone knows that they're coming, they serve as a deterrent," Garza said. "It would be a great pleasure to see it become 365 days."

But criminal lawyers who handle DWI cases see it differently.

"I guess the message they're sending is, 'Get drunk during the week,'" said Jamie Balagia, a lawyer who goes by "DWI Dude".

"They're saying, 'You give us a breath specimen or you give us a blood specimen or we're going to take it anyway,'" George Scharmen, a criminal defense lawyer.

Scharmen said with the district attorney's refusal to take plea bargains in DWI cases, the new policy won't do anything but stretch out cases. He said he has some cases that have waited five years to get to court.

"You have motions to suppress breath and blood draws on the basis of a bad search warrant, on the basis of involuntariness," Scharmen said.

"If they don't have enough evidence against you to make a solid case, how is what little they have enough for a judge to sign a warrant?" added Balagia.

Reed's office released statistics from nine No Refusal weekends between May 2008 and the Fourth of July weekend in 2010. The stats showed that 312 blood tests were taken with an average blood alcohol level of 0.159, nearly twice the legal limit. Twenty-nine of the tests were below the legal limit.

"If you have a special program, there should be a goal and a goal that you can actually show statistically that there's benefit," Balagia said. "Susan Reed can't do that."

"The implication is that on the No Refusal weekend they have a tendency to get more convictions or they have a tendency to get better evidence," Scharmen said.

An Alabama PSA

 

Illegal to possess too much beer

An excess of "holiday spirits" landed an Albertville man in jail on Christmas Eve.

Albertville Police Chief Benny Womack said 35-year-old Ramiro Santos, of the Kilpatrick Mobile Home Park, was stopped at 10 p.m. Friday at the intersection of U.S. 431 and Mathis Mill Road in Albertville on suspicion of driving under the influence.

During a subsequent search of Santos' vehicle, officers discovered a large quantity of beer, leading to charges of illegal transportation of alcoholic beverages being filed against Santos.

Womack said the list of beer was lengthy and included 14 cases of Bud Light, and a variety of other brands, including Modelo and Corona.

"We don't see a lot of these types of cases," Womack said. "It's not often someone has that much beer in their car."

With many people planning New Year's parties, officials caution drivers to be aware of alcoholic beverage restrictions and laws.

Alabama Criminal Codes state transporting more than five gallons of alcohol is a felony offense punishable by no less than one year but no more than five years in prison.

Drivers are allowed to possess three quarts of liquor or three quarts of wine along with one case of brewed or malt beverages. However, no beverages may be kept in the passenger compartment of a vehicle or within sight of the passenger.

Since many parts of Marshall County are considered wet, or allow sales of alcohol, drivers are subject to an open container law. Under the law, drivers can possess alcoholic beverages for transport, but containers cannot be open and bottles cannot have broken seals.

In dry portions of the area, such as Boaz and Mountainboro, drivers are subject similar laws, according to Boaz Deputy Chief Todd Adams.

"The main thing people need to know is they cannot have alcoholic beverages of any type within reach of the driver or passengers at all," Adams said. "That doesn't matter if you live in the dry or wet areas."

DUI in DC since 2000? You may be in luck

As if Traffic Stops were not intrusive enough, no small wonder that stories like this happen.  Great job DC…..you continue to show your incompetence.

Bogus Breathalyzer Results may go back a Decade.  Whistleblower contends Washington, DC breath testing machines have not been accuracy checked since 2000.
Motorists in Washington, DC may have been falsely accused of driving under the influence of alcohol (DUI) for more than a decade as a result of faulty "Intoxilyzer" breath testing equipment. Whistleblower Ilmar Paegle, a veteran police officer now working as a contract employee for the District Department of Transportation, argued in a memorandum to the city's attorney general that the breath testing machines have not been properly calibrated since 2000, as first reported by WTTG-TV.
To date, the District has only admitted to bogus breathalyzer results taken between September 2008 and February 4, 2010. Of 1100 cases prosecuted in that period, 300 were convicted based on evidence provided by faulty machines.
"As a result of the miscalibration the instruments apparently produced results that were outside the acceptable margin of error to be considered accurate," Deputy DC Attorney General Robert J. Hildum wrote in a June 4 letter to DC trial lawyers. "OAG [office of the attorney general] is in the process of notifying the defendants and their counsel in those cases."
Paegle's discovery that the breathalyzers producing bogus results forced the Metropolitan Police Department to stop using the machines on February 4 and switch to Intoximeters. Hildum blamed the problems on Officer Kelvin King who began replacing motors in the breathalyzers in September 2008 as part of routine maintenance. Under DC law, the machines must be tested for accuracy every three months, but the District failed to codify procedures or standards for this testing. Paegle was concerned that the District has never performed these accuracy tests, raising concern among legal experts.
"You too could have been pulled over on the basis of a minor traffic violation and put through a series of difficult and humiliating field sobriety tests," DC-based defense attorney Jamison Koehler wrote on his law firm's blog. "After blowing into the breath test machine, you could have spent the night in a jail cell with other people who were drunk, angry, disorderly, mentally ill or whose sweating, panting and retching signaled to you that they going through drug withdrawal. You could have had to shell out thousands of dollars to hire a lawyer and missed work on so many occasions to attend court hearings that your employer warned you might be fired.... On the basis of the faulty breath test results, you too have been convicted of driving while intoxicated even with blood alcohol levels far below the legal limit."
A copy of the OAG memo is available in a 220k PDF at the source link below.
Source: Letter to DC Superior Court Trial Lawyers Assoc. (DC Office of the Attorney General, 6/4/2010)

Smokers need not apply

Well, here we go. 

I post below (in it’s entirety) an article from CBS Boston entitle “Smokers Need not Apply”.  In it, we learn of Anna Jaques Hospital in Newburyport Mass…where they are now imposing the draconian tactic of screening new hires for Nicotine.  For the record, I wish to point out that Nicotine is a legal substance and available to any adult over 18 (or 95% of the children in Columbia Mo if the kids outside of Rockbridge is any gauge).  It’s based on a possible flawed test that can give false positives even from second hand smoke.  If you test positive, you can retest after 30 days, but you will have to alter your lifestyle and allow your employer to impose their morality on your life. 

I’m sure the hospital doesn’t have any questions about the potential employees sexual habits (risk of Aids), their entertainment choice (high risk entertainment like Scuba or Skydiving) or their choice of transportation (motorcycles are more dangerous than cars)….instead they go after the smoker.  In fact, while they may have incentives for their employees to quit smoking, I bet they do not target current smokers who work for the hospital.

In the end, this is pure discrimination.  As an employer, I cannot descriminate against Race, Sex or Orientation….so how is it legal to do so against a lifestyle choice.  What is next, their opinion on obesity (probably if Michelle Obama gets her way). 

NEWBURYPORT (CBS) — If you smoke, don’t bother applying for a job at Anna Jaques Hospital in Newburyport.

The hospital is requiring job applicants to take nicotine tests. If they test positive, they’ll be rejected. If they quit smoking, they can try again six months later.

“How far do we want our private employers to intrude in our private lives?” asks employee rights attorney Philip Gordon. “What happens if, during that blood test, they find out something else about me?”

Hospital spokesperson Deb Chiaravalloti says, “We believe as a health care organization we need to make sure we have a healthy environment for our employees and our patients. Smokers are not a protected class.”

Last year, the hospital prohibited employees from smoking in the designated fenced-off area outside the building.

Next year, the hospital plans to ban smoking on the campus all together, even for patients and visitors.

While Anna Jaques is the first hospital in Massachusetts to require nicotine testing, it is not the first employer. Last month, the Massachusetts Hospital Association announced it is no longer hiring smokers.

Traveling PSA

The TSA has issued a list of Thanksgiving food that won't make it through the checkpoints

There are certain Thanksgiving foods you won't get through the airport checkpoint. The Transportation Security Administration says no to cranberry sauce; creamy dips and spreads; gift baskets with salsa, jams and salad dressing; gravy; jellies and soups. Also on the list are wine, hard liquor and beer. You can avoid a problem by putting those items in your checked bag. Pies and cakes are ok ... but may face additional screening. You can find out more at the TSA website.

The Day, the Candy Died

 

Well, the Federal Government has done it again. The need to control the populous and do “What’s Right” has prompted legislation that verges on insane.   What could they have done this time?  The ban on Candy Cigarettes.  I kid you not….a ban on CANDY, because

“The youth may often get swayed into thinking that the sweet flavored cigarettes are not harmful to health,” said Dr. Joshua Sharfstein, FDA’s Principal Deputy Commissioner of the FDA.” 

Give me a break.  We conducted a more scientific study here at Smokes and Booze right after Christmas (read it HERE) and found that our test subject was not enticed to smoke due to Candy Cigarettes.  In fact, in our test case….we showed that 100% of those tested didn’t want to smoke even though they liked the candy.

Now, I know you think we are making those numbers up….but that is no worse than this nugget from the FDA -

FDA commissioner stated that almost 90% of all US citizens take to smoking while still in their formative years.

Is that 90% of ALL US Citizens, or only those that smoke?  I would argue with either number.  Of course, they can manipulate the data and expand the “formative years” from 12-18 to 12- 25 (or higher).  Excuse me for not trusting Government supported Scientific Data, I know they have been so truthful with Global Warming.

In the end, of all the problems (Social, Economic and Health) on the market, this seems like the biggest waste of time and money to pass….so of course the Government did it.  I know I will still be looking for “Candy Sticks” online for James….and when I am a Grandpa, the kids will always know there will be candy smokes when the come to visit.

Until next time…..Smoke’m if you Gott’m.

Candy Cigarettes Banned By FDA

Thursday, June 24, 2010 7:21:39 AM by Pen Men At Work

June 24, 2010 (Pen Men at Work): With both the Family Smoking Prevention Act as well as the Tobacco Control Act of the USA, supporting the move, the FDA finally managed to ban the candy cigarettes within the borders of the country. All kinds of flavored cigarettes be it fruit, clove or candy has been prohibited from June 23rd 2010.

This had been seen as an effort to reduce the number of smokers within the country. Statistics reveal that one of the leading causes of death in America is smoking. The regrettable fact is that such deaths could have been easily prevented simply by giving up cigarettes.

The FDA aims to discourage children from picking up this deadly addiction by imposing a ban on the flavored cigarettes. Other favored tobacco products as well as menthol cigarettes will also be examined minutely before deciding whether a ban on them would have to be declared as well.

Margaret A. Hamburg, the FDA commissioner stated that almost 90% of all US citizens take to smoking while still in their formative years. The adolescents usually prefer flavored brands over the normal ones. The non availability of such cigarettes will help to break the trend effectively thereby reducing the percentage of diseases and deaths due to smoking.

However, the FDA understands that a simple prohibition will not actually help matters. It is, therefore, trying to enforce the ban strictly. Almost all the tobacco companies of the nation will be receiving instructions about the ban on candy and flavored cigarettes along with the notification that it will be strictly illegal to manufacture, transport or sell the banned items.

The FDA also proposes to educate the parents on the risks of candy cigarettes. “The youth may often get swayed into thinking that the sweet flavored cigarettes are not harmful to health,” said Dr. Joshua Sharfstein, FDA’s Principal Deputy Commissioner of the FDA.

Now a word from Earl Pitts, a REAL American

Thanks to TJ for posting this on FB.

Way back in the day, I used to listen to WLW (AM700) out of Cincy with my Dad.  Some of the best times were hearing Earl Pitts and us laughing so hard.

Well….here is a classic and very fitting for this Blog.  Thanks Tommy, and Dad….this one’s for you.

Dram Shop Laws

As a Facebook comment to my recent post “”, Charlie asked my opinion on Dram Shop Laws.  Considering my conversation this weekend with Debi at Walmart (where you now have to appear to be OVER 40 to not show ID to purchase alcohol), this seems a particularly fitting post.

Before we get into my views, let’s first examine what it is.

Dram shop or dramshop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.

Dram shop liability refers to the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third-parties (those not having a relationship to the bar) as a result of alcohol-related car crashes and other accidents.

The laws are intended to protect the general public from the hazards of serving alcohol to minors and intoxicated patrons. Groups such as Mothers Against Drunk Driving (MADD) have advocated for the enforcement and enactment of dram shop laws across the United States as well as in the United Kingdom, Canada, New Zealand and Australia. The earliest dram shop laws date from the 19th century temperance movement.

As you can see, these laws are a shift of responsibility from the person committing the crime to the venue in which they commit it.

While I think underage drinking in America is a problem, why is the punishment not dealt on the kids who are caught?  Better yet, why have a drinking age at all? 

As many of my friends know, I live quite some time overseas (and so did they) and still travel there frequently.  In some countries, there is no defined drinking age….and if there is, it is 16 or 18, the age of legal consent.  Yet here in the US, we place that age at 21 (3 years after a person can vote, and 4 years after they can join the Military).  So much for individual rights.  If you teach children that there isn’t a stigma of evil attached to something, and moderation as they grow up, when they reach adulthood….you dont have as many issues with the “Forbidden” subject matter.  This can been seen especially in continental Europe where drinking is part of their culture, although of late, binge drinking has become a bit of a trend in the UK where they are now closing pubs early.

Anyway, this a post about Dram Laws, so let me refocus.

In my opinion, the punishment for underage drinking and DUI (where injury or property damage occur) should be heavier, yet applied only to the criminal, not the supplier/vendor.  Why?  Because they were the ones who attempted to purchase (breaking the law if underage and defrauding the supplier) or decided to drive (in the event of a DUI).

While it is illegal to sell to minors, the punishment is never carried out on the kids (or the kids parents) who are breaking the law (other than a slap on the wrist)….yet always on the establishment that was probably provided a false ID (another crime) in the first place.  It’s the same with underage smoking.  It is illegal for anyone under the age of 18 to buy cigarettes, yet go to any high school and see how many kids are out smoking.  Usually there is a cop in the vicinity, but there are no tickets written….yet if a store sells to the kid, they are fined.  How is that right?

Similarly, while DUI fines (across the board) are high, and there is a huge downside on insurance and possible jail time, the real problem occurs when there is injury, death or property damage.  This is when the lawsuits really come out and people go after anyone involved…..thus the Dram Shop Laws were born.

By shifting the Onus to the Vendor/Provider, you now open things up to larger lawsuits and payouts for loss of life, injury or damage.  When suing “Joe Citizen”, at a certain point he won’t be able to pay anymore…yet stores and bars have larger insurance policies that can be raped for more money, to which the lawyers (in 2006, more than 30% of the Congress and Senate were made up of Lawyers) can make substantial gain when they take their cut.

As a shop owner or bartender, if it is my job to police the sale of controlled substances, where does my responsibility end?  What about prescription drugs?  What if someone takes an Ambien and falls asleep at the wheel…..am I also at fault (even though there is a warning on the bottle just like Beer/Wine/Alcohol)?  Under the current rules, I would say yes….which is why places like Walmart (under advice of their legal team) restrict sales of some over the counter medicines, household items (paint and glue) and even cigarette lighters to those at least over 18, if not 21 in some cases.  Because they are afraid of being sued.

In the end, it is ultimately the individuals responsibility to own up to their actions.  It should not the Bartender or the Shop Owner’s responsibility to enforce laws (Store Policy YES, Laws NO).  How are they to interpret if someone is “Drunk”?  Are there tell tale signs?  Yes, but everyone has different threshholds and reactions…..so there is to much variable.  Further, how do they know if you are driving?  They don’t.  You could be a passenger, walking or taking a cab. 

What everyone should do is if they have any suspicions of someone breaking any law, as good citizens, they could call the police and let the them sort it out.

To many laws……not enough time.

Go Go Power Rangers

Power Ranger Jones Escapes Dui Charge

Former MIGHTY MORPHIN POWER RANGERS star WALTER JONES has had charges for driving under the influence (DUI) dismissed by an Alabama judge.

The 39-year-old actor, who played the original Black Power Ranger, pleaded not guilty to the accusation following his arrest in Huntsville, Alabama in July, 2009 and he was let off from the charge after a court hearing in the state on Wednesday (21Apr10).

A reason for the dismissal has yet to be revealed but Jones was allowed to walk away a free man after handing over $200 (£125) to cover his court costs.

Who could forget this tidbit-

I’m glad I don’t live in Philly

Since the city of Philadelphia cannot manage their own budgets, they have decided to look at legislation to tax Cigars, Chewing Tobacco and Rolling papers.

Considering that the city has a budget gap projected to be $150Mill, you would think they would be going after big money areas….yet if you read between the lines of THIS article, that doesn’t seem the case.

Proposed annual $300 per household trash fees and a $.02  per ounce on sugary beverage tax seem to have now been either rejected or on the verge of…..especially when the Teamsters are involved.

So, instead of focusing on cutting costs and raising taxes that effect everyone, the Council believes this will be a success based on the fact

"An overwhelming majority of Council members will support this measure.  It's at a point where we're trying to find any measures we can find consensus on." - Councilman Darrell Clarke

Under Clarke's legislation, chewing and pipe tobacco would be taxed at 36 cents per ounce and individual cigars at 3.6 cents per ounce.

And what does this sin tax possibly raise for the city?  A whopping $6Mill. 

When will smokers and drinkers say enough is enough?  I guess when Philly turns out like Detroit and is abandoned because services are not provided and taxation keeps getting higher.  Or maybe, when the zombies attack, there will no longer be taxes, yet enough Smokes and Booze for everyone.