Drinking While Brown (or Gay) in Texas Will Get You Arrested

The nation's broadest public intoxication law gives TX cops virtually free range to arrest anyone for drunkenness -- even if they're quietly nursing a beer in a bar.

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Late on a balmy Saturday night last June, six Fort Worth cops and two officers from the Texas Alcoholic Beverage Commission went looking for trouble. They had just raided two Hispanic bars in an industrial stretch of town and nine detainees now sat in the paddy wagon (pdf), hands bound with plastic ties. The rest of the city's bars would soon shut down. It seemed like the night was over, except for the paperwork. Then Sergeant Richard Morris had an idea. "Hey," he said. "Let's go to the Rainbow Lounge."

A half-dozen police cruisers, an unmarked sedan, and the prisoner van slid to a stop in front of the Rainbow Lounge, Fort Worth's newest gay club, at about 1:30 a.m. on June 28, 2009 -- 40 years, almost down to the minute, after New York City police raided the Stonewall Inn with billy clubs and bullhorns. Inside the bar, the officers fanned out, grabbing and arresting six patrons for public intoxication. Benjamin Guttery, a 24-year-old Army vet, says an officer told him to put down his drink, then "bulldozed" him through the crowd to the paddy wagon but then let him go. "I'm 6'8", 250 pounds, and I had just finished my second drink," Guttery told a local reporter. "I might have had enough to have a loose tongue, but not a loose walk or anything like that." Another man alleges that he was slammed against a wall, elbowed, and fell on the ground, landing him in intensive care for a week with bleeding in his brain. He was charged with public intoxication and assault.

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