Libertarian Saturday

Good Morning! Air America Place seems to be down this morning. Curious that this would come on April Fool's Day...and also the second anniversary of Air America beginning broadcasting...just what are the Feds up to today, hmm? :foilhat:

We'll keep it on the shorter side today. Let's begin by peering in on the fine state of Texas to see how they're cracking down on crime these days. Sounds like a little Bush-Style pre-emption, no?

Surprise: Police find drunk people in bars -- and arrest them

Here's something to keep in mind next time you visit a bar, club, or
restaurant: Police in several states have launched crackdowns on drunk
driving and public intoxication -- and are now arresting drunk people who
aren't driving and who aren't in public.

In at least two states -- Texas and Virginia -- police have started
going into bars to arrest people who fail sobriety tests.

Police say the action is necessary to prevent drunk driving. They also
say they don't have to wait until people leave a bar to arrest them for public
intoxication, since the legal definition of "public space" includes the
inside of drinking establishments.

The move has sparked outrage from civil libertarians, who say police
are grossly exceeding their authority, and are arresting people who pose no
danger to anyone.

This issue was first publicized in January, when WorldNetDaily.com
reported that police in Virginia were going into bars and taverns and literally
"pulling people off barstools." The police, dressed in "SWAT-like attire," would
give people sobriety tests and arrest them for public drunkenness if they
failed the test.

Then, on March 15, NBC Channel 5 TV in Dallas/Ft. Worth reported that Texas
Alcoholic Beverage Commission agents and Irving police had launched a similar
crackdown.

Police targeted 36 establishments and sent undercover police officers
to look for people who appeared to be drunk. After administering sobriety tests
in the bars and clubs, they charged 30 people with public intoxication.

In both Texas and Virginia, police said the campaign would reduce drunk
driving. But police apparently made no effort to check which patrons
had walked to the bar, or rode with friends, or planned to take a cab. In Texas,
police even arrested people in a hotel bar who were registered hotel guests
and had no plans to drive anywhere.

One Texas Alcoholic Beverage Commission agent said police were
justified in arresting people because "going to a bar is not an opportunity to
go get drunk." Another spokesperson said drinking can make people do stupid
things like "jump off of balconies trying to reach a swimming pool and miss."
The spokesperson did not give details about how prevalent the missed-swimming
pool problem is in Texas.

After people complained, Texas legislators said they would review the
program to "check for abuses" and to measure its effectiveness.

Well, here's one reason to oppose this campaign against social
drinkers: While police are harassing tipsy people in bars, real criminals are
walking the streets -- free to kill, rob, and rape again.

Source: Cops go to bars to arrest drunks

Meanwhile, Dr. Ruwart has an interesting quetsion today, about limiting police powers in a
Libertarian Society. This one seems at bit 'unusual', to say the least. Can't say I agree with it, but here it is, nevertheless.

QUESTION: If the police force actually attracts people who like
violence, have inferiority complexes, and/or crave power, as some people
suggest, does that alter the libertarian position on having private police
agencies rather than government police forces? How do we guard against those
bad apples who are attracted to a job which allows them to use force against
and power over others?

MY SHORT ANSWER: If we assume that predators are attracted to law
enforcement, private policing becomes even more desirable. Public police enjoy
a great deal of sovereign immunity. Like many government employees, the extent
to which they can be held liable to their victims is limited. Even when their
victims win settlements, taxpayers -- rather than the offending officers --
often pay them. A bad apple can often get away with a great deal more abusive
behavior as a public police officer than as a civilian.

Private police, on the other hand, enjoy no such immunities.
Profit-making companies would act quickly to remove an abusive individual from
the payroll to prevent loss of business. The offending officer would be held
personally liable for acts of aggression and, in a libertarian society, expected
to make restitution to the victim.

Private police profit most if they can prevent crime, rather than chase
criminals. Consequently, they show citizens how to make their homes
more secure, monitor houses when the residents go out of town, and make
their presence visible to discourage criminals. Their focus is on protecting,
not apprehending (although they will take a suspect into custody when
appropriate). In other words, private police primarily "serve and protect,"
rather than "enforce the law" as public police do. That's a very different
mindset!

And lastly this morning...in our new "Why Aren't you a Libertarian?" section, we'll take a brief look at the official party Platform on Crime. First, check out the Talking Points. Then take a look at the platform itself:

Crime

The Issue: The continuing high level of violent crime -- and the government's demonstrated inability to deal with it -- threatens the lives, happiness and belongings of Americans. At the same time, governmental violations of rights undermine people's sense of justice with regard to crime. Victimless crime laws themselves violate individual rights and also breed genuine crime.

The Principle: The only justified function of government is the protection of the lives, rights and property of its citizens.

Solutions: The appropriate way to suppress crime is through consistent and impartial enforcement of laws that protect individual rights. We applaud the trend toward private protection services and voluntary community crime control groups.

Transitional Action: We call for an end to "hate crime" laws that punish people for their thoughts and speech, distract us from real crimes, and foster resentment by giving some individuals special status under the law. Laws pertaining to "victimless crimes" should be repealed. We support institutional changes, consistent with full respect for the rights of the accused, which would permit victims to direct the prosecution in criminal cases.

So, here's to hoping that Air America Place is back up and running soon. In the meantime, come and hang out here! Coffee's on, donuts are fresh, and we're waiting...