Police Say Public Intoxication Arrests Aim To Protect

BY THE NUMBERS

Public Intoxication Arrests

Northwest Arkansas Newspapers requested information on all public intoxication arrests from 2007 through the end of May 2010 made by the Fayetteville and University of Arkansas police departments. All statistics given are from that time span.

Fayetteville Police Department

• Number of Arrests

2007: 751

2008:1,098

2009: 1,034

2010 (through May 27): 306

• Sex

Male: 2,685

Female: 481

• Age

70s: 6

60s: 74

50s: 373

40s: 556

30s: 755

20s: 1,383

18-20: 19

Juvenile: 23

Location

Dickson Street: 760

School Street: 132

College Avenue: 198

15th Street: 127

Garland Avenue: 73

Leverett Avenue: 57

Gregg Street: 43

Martin Luther King Jr. Boulevard/Sixth Street: 233

Wedington Drive: 61

Shiloh Avenue: 55

University of Arkansas Police Department

• Number of Arrests

2007: 120

2008:41

2009: 148

2010 (through May 26): 66

• Sex

Male: 410

Female: 67

• Age

20 and younger: 169

20s: 205

30s: 51

40 and older: 62

Source: Staff Report

— After being kicked out of a bar on Dickson Street for starting fights with customers, a 24-year-old Fayetteville man shoved a stranger as he strolled by. The stranger then punched the man in the face.

The disturbance attracted the attention of two undercover officers on patrol for underage drinkers. They handcuffed the man and radioed for help.

A pair of uniformed officers on bikes responded to the call and found the man with bloodshot eyes sitting on a bench outside of Stir, 422 W. Dickson St. He was having trouble standing. A red mark from a fight colored his right cheek, and he smelled of alcohol.

He told police he weighed “1,000 pounds” and tried to provide his Social Security information, but came up a few numbers short.

The officers arrested him for public intoxication, one of 14 such arrests made by police between Aug. 20-22, the first weekend students from the University of Arkansas returned to Fayetteville.

Dickson Street attracts revelers of all ages with its many nightlife hot spots. But as soon as patrons step outside of their favorite establishments, they’re under the watchful eyes of police officers.

Police said they are there to ensure public safety and to deter further, more serious crime. Some business owners and patrons agree. Others said they feel targeted.

“I’m new to the area so perhaps my opinion is off base, but how can they encourage the development of an area like Dickson Street, without intoxicated people hanging out?” asked Fayetteville resident Robin Roberts. “Enforce the law if necessary, but if no one is creating a problem or endangering themselves or others, leave people alone.”

Enforcement

Police have made more than 750 arrests for public intoxication on Dickson Street since Jan. 1, 2007. Public intoxication arrests and disorderly conduct are among the most common offenses in the bar district. Crisman said public intoxication charges often accompany other misdemeanor charges, such as disorderly conduct or resisting arrest. The penalty in Arkansas for public intoxication alone includes up to 30 days in jail and a $100 fine.

The Fayetteville Police Department routinely dispatches two bicycle officers to patrol the Dickson Street area, often referred to as the “entertainment district” in Fayetteville. Dickson Street is home to a bevy of restaurants and bars, where drinks are always on tap. Public intoxication arrests in the area make up about a quarter of all arrests made over the past few years.

“The officers are down there to be seen because officer presence is the first level of law enforcement,” said Fayetteville Police Cpl. Rick Crisman. “Just being there, we hope to deter some crimes from happening.”

According to state law, police can arrest a person for public intoxication if they appear to be under the influence of a controlled substance to the degree that they’re a danger to themselves or others, or if they cause a reasonable annoyance to people in the general vicinity.

AT A GLANCE

Safe Ride

Safe Ride is an on-demand service for University of Arkansas students that operates from 11 p.m. to 3 a.m. Wednesday through Saturday, and can be dispatched by calling 479-575-SAFE. The service is on campus only Monday and Tuesday and is referred to as the “Night Owl.” It operates from 10:30 p.m. to 1 a.m. and can be reached by calling 479-575-NOWL.

Source: Staff Report

“A person walking down the street after a couple of drinks won’t attract attention to a police officer,” said University of Arkansas Police Lt. Gary Crain. “They’d have to do something else that presents a danger to themselves or someone else.”

Crisman said police depend on their own senses to determine if someone is intoxicated.

“We don’t need a breathalyzer,” he said. “It’s all about how we document everything. It might be that we smell alcohol on their breath or notice that they have watery eyes or slurred speech. We’re trained observers.”

Crisman said students and residents who live near the entertainment district often walk to bars. Those people won’t be targeted by police unless they’re a danger to themselves or others.

“Our officers are down there to make sure everyone is safe and to be seen,” he said. “If someone is walking where they’re not going to fall in the street or hurt themselves, or if they have a sober person to take care of them, we’ll usually let them go. It’s at the officer’s discretion.”

Caleb Couch doesn’t blame his troubles with the law on alcohol.

“Every time I’ve seen someone get arrested, it’s usually because they’re being a little loud or having a good time,” the Fayetteville resident said. “I think it pisses the cops off when you’re having too much fun. If they’re in a bad mood, they’ll find a way to arrest you.”

Couch was arrested four times before age 21. His first three run-ins with the law happened in his hometown of Star City, while his most recent arrest happened on Dickson Street in Fayetteville at age 20. Prior to each arrest, Couch was with others who were drinking. The 25-year-old said he was riding in the passenger seat of a friend’s car on two occasions and was arrested after police stopped the driver for being intoxicated. Couch’s other two arrests happened at a high school party and at a bar on Dickson Street, where he was caught using fake identification.

Criminal defense lawyer Doug Norwood of Rogers said the circumstances surrounding Couch’s arrests aren’t uncommon in Northwest Arkansas.

“A lot of people who get arrested for public intox are passengers in vehicles where the driver is arrested for DWI and the passenger is left on the side of the interstate,” he said. “The police can’t let someone walk home alone so they get arrested.”

Though he’s managed to keep a clean record for the past five years by not going out as much, Couch said he also feels police have loosened up a bit.

“I think it used to be worse,” he said. “The last couple times I went out, it wasn’t that bad. I usually stay at one or two spots so I don’t get in trouble.”

Police Presence

Zac Wooden, owner of 21st Amendment, West End Place and Rogers Recreation Hall, all on Dickson Street, said he appreciates the level of police presence in the area.

“I’ve never had to call the police on someone who’s too intoxicated, but I have had to call them to break up fights,” he said. “I think the police understand that it’s an entertainment district. They want people to have fun, but also to be safe.”

Wooden said police presence sometimes deters business in bars that attract younger patrons in their early 20s, such as West End Place. Older patrons who’ve grown accustomed to officers on Dickson Street don’t seem to mind, he said.

“If anything, I think they like it because people feel like they can talk to them and girls like to have their pictures made with them,” he said.

Maudie Schmitt, a member of the Fayetteville Advertising and Promotions Commission and owner of Cafe Rue Orleans, said Fayetteville officers appear to target bar patrons at times.

“One of my former employees recently got a public intox after his girlfriend left the bar and retired early to her new apartment,” she wrote in an e-mail. “He walked to her house, three blocks off Dickson, and got stopped by a bike cop who followed him for two blocks. He lived in Little Rock at the time and when he was asked her address and didn’t know it, he was put in jail and spent the night there.”

Schmitt agreed people who cause a scene or endanger others should be arrested for public intoxication, but said police sometimes appear to go too far along Dickson Street. She said her experiences while living in Lafayette, La., another college town, were much different. In Lafayette, she said, she believes the police enforcement of the bar district was more respectful of individual rights.

“I really hate the level of enforcement on public intox tickets,” she wrote. “Dickson Street is an entertainment district lined with bars that encourage drinking. It’s like the police hang out to follow someone who leaves a bar on foot and wait until they stumble or weave.”

Alternatives

Fayetteville Police Sgt. Shannon Gabbard said officers typically seek to find intoxicated individuals a sober ride home before issuing an arrest.

“Sometimes, officers don’t have time to wait with the person for a ride home and there’s too much liability in leaving them so they’re arrested,” he said.

Smoke & Barrel Tavern owner Evan McDonald said he often sees officers assist intoxicated patrons by trying to find them a sober ride home.

“The only times we see arrests are when the person is dangerously intoxicated or, in a more common scenario, the person is intoxicated enough to think that harassing the police is a good idea.”

The university provides students with a free ride home through its Safe Ride program.

“We get 75 to 100 calls each night we operate and each ride request averages about two passengers,” said Mike Seither, Razorback Transit associate director. “Looking at the charts, I’d say we have between 130 and 150 passengers on an average Safe Ride night.”

Seither said students who appear overly intoxicated may be turned away because they often become belligerent, sick or disruptive.

“Safe Ride is not a drunk bus,” he said. “We turn over students who can’t walk or talk properly to UAPD because we can’t return them to residence halls unless they are more or less conscious because of the possibility of alcohol poisoning. It is true if a student finds that through poor planning they don’t feel comfortable driving, we are there to pick them up.”

When all else fails, students and non-students can call a taxi.

Dynasty Taxi Manager Kenny Sill said cab drivers transport an average of 120 to 150 people home from Dickson on a weekend night.

“We’re really busy during the school year,” he said. “Last weekend was a big party night. We booked 300 transports off Dickson Street.”

Norwood said people shouldn’t go to a bar with the intent of becoming intoxicated. Patrons should always have a sober ride and avoid drawing attention to themselves.

“It’s amazing how many people go out and end up in jail,” he said. “Just about everyone has a cell phone and in most towns, you can call a taxi. The bottom line is if you can keep from being a danger to yourself or someone else, the police normally won’t arrest you.”

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